P.Srihari Raju vs The State Of Andhra Pradesh
2022 Latest Caselaw 5492 AP

         HON'BLE SRI JUSTICE K.SURESH REDDY

                         W.P.No. 19217 of 2022

ORDER:-


      The petitioner filed the present writ petition with the

following prayer:-

                 "Writ or Writs particularly one in the nature Writ of
      Mandamus or any appropriate writ declaring the action of
      the respondents in not paying the bill for execution of work

vide Circle Agreement No.475/2017-18/DB dt.23/02/2018 and supplemental agreement No 39/2019-20 dt.25/10/2019 awarded by 4th respondent for an amount of Rs.53,68,123/ to the petitioner with 12% GST and interest till to day from the date of completion of work as illegal, arbitrary, violation of principles of natural justice and violative of Article 14, 19(1)(g) and 21 of the Constitution of India, consequently direct the respondents to release the bill amounts for the above work immediately with 12% GST and interest."

Heard Sri A.Sriram, learned counsel representing Sri

K.L.N.Swamy, learned counsel for the petitioner, the learned

Government Pleader for social Welfare and learned Assistant

Government Pleader for Finance.

The petitioner was awarded a contract work for

construction of Additional Class rooms to Government Junior

college at Saluru Village and Mandal of Vizianagaram District.

The work was allotted and accepted under Circle Cir.Agreement

No.475/2017-18/DB, dated 23-02-2018 and supplemental

agreement No.39/2019-20, dated 25-10-2019. The estimated

amount is Rs.85,00,000/- and the agreed amount is

Rs.66,47,174/-. Further, the contention of the petitioner is that

he has completed the said work and the authorities have

satisfied with the work and issued a certificate and prepared a

final bill for a total amount of Rs.53,49,123/-. Inspite of

repeated requests, the respondents are not releasing the

amount, is the only grievance in this writ petition.

On the other hand, the learned Assistant Government

Pleader for Finance states that the admitted amount is

Rs.45,54,984/- and not Rs.53,49,123/-. The learned counsel for

the petitioner states that he is ready to receive the said amount

as it is admitted by him.

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.

In view of the aforesaid directions of this Court in various

cases and after hearing the submissions of both sides, this Writ

Petition is disposed of with a direction to the respondents to

release the amounts of Rs.45,54,984/- to the petitioner at the

earliest, and at any rate, within a period of eight (8) 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.

__________________ K.SURESH REDDY,J 23-08-2022.

TSNR