M/S Cornext Agri Products Pvt Ltd vs The State Of Ap
2022 Latest Caselaw 9604 AP

       HON'BLE SRI JUSTICE K.SURESH REDDY

                  W.P.No.36272 of 2022

ORDER:-


     This writ petition is filed seeking the following relief:-



                 "to issue an appropriate Writ Order or
           Direction more particularly in the nature of Writ of
           Mandamus declaring the action of the respondents

in not affecting the payment of Rs.7,62,195/- to the Petitioner for the supply of Silage in Flood effected Mandals in East Godavri District, inspite of the Lr.Roc.No.1462/T/JD(AH)/2018, dated 09- 03-2021 of the 4th Respondent, as arbitrary, illegal, in violation of Article 14, and 300A of the Constitution of India and consequently direct the Respondents to pay an amount of Rs.7,62,195/- to the petitioner for the supply of Silage as requested by the 4th Respondent vide hos Lr.Roc.No.1462/T/JD/(AH)/2018 dated 09-03- 2021 forthwith."

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

the contract works by the 2nd respondent i.e., supply of Silage

in flood effected Mandals in East Godavari District and in that

process an amount of Rs.7,62,195/- 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.7,62,195/- 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 14-12-2022.

TSNR