Pogiri Vinod Kumar vs The Gov Of Andhra Pradesh
2022 Latest Caselaw 9661 AP

       HON'BLE SRI JUSTICE K.SURESH REDDY

                     W.P.No.16672 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 to
      declaring the inaction on the part of the respondents

herein not releasing and pay the total amounts worth of Rs.8,12,087/- with interest under the grant of SDP to the petitioner after execution and completed the works till today as illegal arbitrary and violative of Article 14, 16 & 21 of the Constitution of India and consequently to direct the respondents to release and pay the total amounts worth of Rs.8,12,087/- to petitioner forth with"

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

the contract works by the respondents i.e., construction of

separate toilet blocks with running water facility at common

facility centre at Sri Ekambareswara WCS, Hiramandalam,

Srikakulam District under the grant of SDF and in that process

an amount of Rs.8,12,087/- 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. Smt.R.Sudha Rani, learned Standing Counsel for 2nd and

3rd respondents 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.8,12,087/- 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