Andhra Pradesh High Court - Amravati
Veltech Enterprises vs The State Of Andhra Pradesh, on 14 December, 2022
HON'BLE SRI JUSTICE K.SURESH REDDY
W.P.No.34500 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 2 to 8 herein in not releasing the admitted
bill amounts of Rs.3,93,120/- vide ORDER No.
2137/ADDL/2012, Dt.21.03.2014; Rs.1,22,432/- vide ORDER
No. AHF 02-22032/112/2019/H-TP-DAH Dt.11.12.2018;
Rs.2,46,262/- vide ORDER No.50/A/2018 Dt.02.02.2019;
Rs.4,59,846/- vide ORDER No.5/STORES/VBRI/2020 Dt.05.
03.2020; Rs 1,11,510/- vide ORDER No.6/ADDL/CH1TTOOR
Dt.04.06.2020; Rs.37,170/- vide ORDER No.30/ADDL/2020
Dt.04.06.2020; Rs.32,391/- vide ORDER No.
11/ADDL/VZM/2020 Dt.08.06.2020; Rs.23,788-80/- vide
ORDER No.4/ADDLS/VBR1/2021 Dt.07.05.2021, Rs.39,082/-
vide ORDER No. AHF 02-32/19/2020/EPID SEC-DAH
Dt.03.06.2021; Rs.7,66,602/- vide ORDER No.08/B/2018
Dt.05.10.2021; Rs.2,39,252/- vide ORDER No.45/ADDL/2021
Dt.20.12.2021 and Rs.32,922/- vide our Bill No.
VE/T/P/010/2020-21, Dt. 06-06-2020 total amounting to Rs.
25,04,378/- (Rupees Twenty Five Lakhs Four Thousands
Three Hundreds and Seventy Eight only) towards the costs
of laboratory equipment, Refrigeration and Air Conditioning
Equipments, Laboratory Consumables etc., supplied by the
petitioner to the respondent authorities even after finalizing
and passing the bills as illegal, arbitrary, unreasonable and
violative of Articles 14,16 and 21 of Constitution of India and
consequently direct the respondents herein forthwith to
release and pay the aforesaid amounts along with interest
@24% p a.'
2. The contention of the petitioner is that it was awarded
the contract works by the 3rd respondent i.e., supply of
laboratory equipment and other goods and in that process an
amount of Rs.25,04,378/- 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.25,04,378/- 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
