Sri Satya Krishna Agro Feeds vs The State Of Andhra Pradesh
2022 Latest Caselaw 9358 AP

     HON'BLE SRI JUSTICE K.SURESH REDDY

                 W.P.No.31074 of 2022

ORDER:-


    This writ petition is filed seeking the following relief:-

          "to   issue     a        writ     order    or      direction    more
    particularly one in the nature of WRIT OF MANDAMUS
    declaring the action of the Respondents in withholding

the payments of Rs.1,08,14,511/- to the petitioner for supplying the Sailage Bailes to the Respondent No 3 and 4 Animal Husbandry Department even after issuing sanction proceedings for 6 work supplies i) Proc Roc No ASLPSK08/SRE1105/2019 20/SIUJAN/0519, dated.22- 01-2020 ii) Proc Roc No ASLPSK08/SRE1105/201920/SI WAN/0511 dated.22-01-2020 iii) Proc Roc No.ASLPSK08/SRE1105/201920/SIL/JAN/0511, dated. 22-01-2020 iv) Proc Roc.No.ASLPSK08/SRE1105/2019 20/SIL/JAN/0511 dated.22-01-2020 v) Proc Roc No ASLPSK08/SRE1105/201920/SIL/JAN/0511 dated.

    22-01-2020          and               vi)       Proc        Roc        No.
    ASLPSK08/SRE1105/201920/SIL/JAN/0511                                 dated.

22-01-2020 and generating CFMS tokens 2022274934 and 2022282959 is illegal arbitrary discriminatory contrary and violation of principle of natural justice and consequently direct the Respondents to pay the total bill amounts of Rs.1,08,14,511/- along with interest @24% to the petitioner."

2. The contention of the petitioner is that he was awarded

the contract work by the 3rd respondent i.e., supply of Sailage

Bales (Corn extract Silage Bales are made by chopping the

maize crop (with cob) into small pieces) and in that process

an amount of Rs.1,08,14,511/- has to be paid by the

respondents. Further, it is the contention of the petitioner that

even though the respondents admitted that the petitioner is

entitled for payment of the aforesaid amount, 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. The learned Government Pleaders for Animal Husbandry

and Finance and Planning have not disputed the same and

submit that payment/bills will be considered in due course as

and when funds made available.

5. In view of the aforesaid directions of this court in

various cases and after hearing both sides, this writ petition is

disposed of with a direction to the respondents to pay the

pending bill amount i.e., Rs.1,08,14,511/- to the petitioner

within a period of eight(8) weeks from the date of receipt of a

copy of this order . It would also be open to the petitioner to

agitate his/her/their claim for interest, if any payable by the

respondents in an appropriate forum.

No order as to costs. Miscellaneous Petitions, if any,

pending in this writ petition shall stand closed.

_______________ K.SURESH REDDY,J 06-12-2022.

TSNR