Pogiri Vinod Kumar vs The Government Of A.P.
2022 Latest Caselaw 9662 AP

       HON'BLE SRI JUSTICE K.SURESH REDDY

                      W.P.No.16661 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 the deposit amounts worth of total Rs.3,98,161/- (Rs.1,98,680/- + Rs.1,99,482/- both the works) to the petitioner for execution and completion of both the works till today as illegal, arbitrary, and violative of Article 14 16 and 21 of the Constitution of India and consequently to direct the respondents to release and pay the deposit amounts worth total Rs.3,98,161/- (Rs.1,98,680/- + Rs.1,99,482/- both the works) to the petitioner forth with ."

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

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

common facility centre at Sri Uma Shankara WCS,

Korasavada, Srikakulam District under the grant of SDF and in

that process an amount of Rs.3,98,161/- 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.3,98,161/- 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