Citation : 2022 Latest Caselaw 4980 AP
Judgement Date : 3 August, 2022
THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.21984 OF 2022
ORDER:
The petitioner has been awarded the contract to undertake
the works i.e., Repairs to the Social Welfare Hostelo Building
(SWAN) at Kakinada Mandal, East Godavari District. After
execution of the said contract, a final bill for a sum of
Rs.2,34,901/- had been prepared on the basis of Measurement
Book. As the payment of the said amount has not been made by
the respondents, the petitioner has approached this Court by way
of this writ petition.
2. It is the contention of the petitioner that even though the
respondents admitted that the petitioner is entitled for payment of
the aforesaid sum of money, no payment is being made. The
petitioner contends that such non-payment of money is clearly
arbitrary and high-handed requiring the interference of this Court.
3. This Court, in various orders, including the judgment of a
learned Single Judge of this Court dated 05.10.2021 in
W.P.No.10038 of 2021 and batch had taken the view that such
non-payment of dues is arbitrary and that such dues need to be
cleared by the respondents at the earliest.
4. In view of the aforesaid directions of this Court in various
cases and after hearing the submissions of learned counsel for the
petitioner and learned counsels appearing for the respondents, this
Writ Petition is disposed of with a direction to the respondents to
release the net amount of Rs.2,11,048/- to the petitioner at the
earliest, and at any rate, within a period of six weeks from the date
of receipt of a copy of this order, failing which the petitioner is
entitled for interest @12% per annum. There shall be no order as
to costs.
Consequently, Miscellaneous Petitions, if any, pending in
this Writ Petition shall stand closed.
______________________________________ VENKATESWARLU NIMMAGADDA, J
Date: 03.08.2022 SP
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