Shelton Anutomobiles Private ... vs The State Of Ap
2022 Latest Caselaw 9660 AP

       HON'BLE SRI JUSTICE K.SURESH REDDY

                    W.P.No.37118 of 2022

ORDER:-


     This writ petition is filed seeking the following relief:-

           "to issue Writ, order or direction more particularly
     one in the nature of Writ of Mandamus declaring the
     action of the respondents in not paying an amount of

Rs.4,11,012/- (Rupees Four Lakhs Eleven Thousand Twelve rupees only) to the petitioner for supply of Three Wheeler Cargo (Luggage Auto) and Four Wheeler (Mini) Transportation is illegal, arbitrary, contrary to the principles of natural justice and in violation of the Article 14,19(1)(g) and 21 and Article 300-A of the Constitution of India and consequently direct the respondents to make the payment of an amount of Rs.4,11,012/- (Rupees Four Lakhs Eleven Thousand Twelve rupees only) forthwith along with interest of 24% p.a from the date of submission of bills."

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

the contract works by the 5th respondent i.e., for supply of

Three Wheeler Cargo(Luggage Auto) and Four Wheeler (Mini)

Transportation and in that process an amount of

Rs.4,11,012/- 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 Pleader for Fisheries states

that bills were approved and the payment is deferred due to

non-availability of funds and the same will be released as and

when the funds 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.4,11,012/- 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 15-12-2022.

TSNR