D M Bavajan vs The State Of Andhra Pradesh
2022 Latest Caselaw 4981 AP

     THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                   WRIT PETITION No.22055 of 2022

ORDER:

The petitioner has been awarded the contract in terms of

agreement dated 02.03.2019 to undertake the works i.e.,

construction of Mahila Community Hall at Penugolakala of

Peddakappalle Gram Panchayat, Chittoor District. After execution

of the said contract, a final bill for a sum of Rs.9,74,359/- 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 admitted bill amount of Rs.9,74,359/- 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