K V Rama Tulasi vs The State Of Andhra Pradesh
2022 Latest Caselaw 5773 AP

        THE HON'BLE SRI JUSTICE K. SURESH REDDY

               WRIT PETITION NO.24753 OF 2022


ORDER:-

      The     petitioner filed the present writ petition with the
following relief:-

      "Writ, Order or direction more particularly in the nature of
Writ or Mandamus declaring action 6 of the respondents in not

paying a sum of Rs.17,26,669/- in respect of works "(i) Repairs to CG Hostel-1 (ii) Repairs to SW Boys Hostel No 1 and (iii) Repairs to SW Girls Hostel No 1 at Rajamahendravam in East Godavari District" as illegal, irregular, arbitrary, highhanded mala fide and against to the principles of natural justice and violative of fundamental rights guaranteed under Articles 14 and 21 of the Constitution of India and consequently direct the Respondents to release a sum of Rs.17,26,669/- along with 12% interest from the date of completion of the work to till the date of realization forthwith."

2. The petitioner was awarded the contract work i.e.,

(i) Repairs to CG Hostel-1 at Rajamahendravam in East Godavari

District; (ii) Repairs to Social Welfare Boys Hostel No 1 at

Rajamahendravam in East Godavari District and (iii) Repairs to

Social Welfare Girls Hostel No 1 at Rajamahendravam in East

Godavari District." The petitioner has also entered into an

agreement with the respondent No.5 and he has successfully

completed the execution of work.

3. The learned Government Pleader, on written

instructions states that petitioner has successfully completed the

4. It is the contention of the petitioner that even though

the respondents admitted that the petitioner is entitled for

payment of the aforesaid sums 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.

5. 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.

6. In view of the aforesaid directions of this Court in

various cases and after hearing the submissions of the learned

counsel for the petitioner, learned Government Pleader for R&B,

this writ petition is disposed of with a direction to the

respondents to release the amount of Rs.17,26,669/- to the

petitioner at the earliest, and at any rate, within a period of

eight(08) weeks from the date of receipt of a copy of this order. It

would also be open to the petitioner to agitate his claim for

interest, if any payable by the respondents, in an appropriate

forum. There shall be no order as to costs.

As a sequel, miscellaneous petitions, if any, pending shall

stand closed.

HON'BLE SRI JUSTICE K. SURESH REDDY

WRIT PETITION NO.24753 OF 2022 Dated:29.08.2022