Andhra Pradesh High Court - Amravati
"Writ Order Or Direction More ... vs Basic Civil Works For ... on 27 December, 2022
HON'BLE SRI JUSTICE K.SURESH REDDY
Writ Petition No.40102 of 2022
ORDER:-
This writ petition is filed seeking the following relief:-
"Writ Order or direction more particularly one in the
nature of Writ of Mandamus declaring the action of the
respondents in not paying the admitted bill amount of
Rs.21,38,359/- to the petitioner for construction of work i.e.,
Basic Civil Works for Establishment of Virtual Class Rooms
District Studio at ZPHS Chandrampalem of Chinagadila Mandal
in Visakhapatnam District", vide Lr.No.453/DSE/DC/Virtual
Class Rooms/2018, dated 21.04.2018 under agreement vide
No.Agt.No.1/AE1/Exp/SSA, Dated 10.07.2018, is illegal,
arbitrary, and consequently direct the respondents to make
payment of amount of Rs.21,38,359/-to the petitioner forthwith
along with interest @ 18% per annum"
2. The petitioner is the successful bidder in the Tender for the
work i.e., Basic Civil Works for Establishment of Virtual Class Rooms
District Studio at ZPHS Chandrampalem of Chinagadila Mandal in
Visakhapatnam District and the respondents entrusted the said work
to the petitioner, vide Agreement No.1/AE1/Exp/SSA/CW/VIRTUAL
CR/200017-1, dated 10.07.2018. Accordingly, the petitioner has
completed the said work and submitted bills for release of payment
of Rs.21,38,359/-, but the respondents are not clearing the same.
Even though, the petitioner made number of representations for
release of amount, no action has been taken by them. Aggrieved by
the same, the petitioner filed the present writ petition.
3. Learned counsel for the petitioner submits that even though
respondents admitted that the petitioner is entitled for payment of
the aforesaid amount, no payment is being made and such non-
payment of money is clearly arbitrary and high-handed and thereby
requires interference by this court. He further submits that having
approved the bills with CFMS token numbers, non-payment of bill
amount is arbitrary and illegal.
4. 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.
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 admitted bill amount of
Rs.21,38,359/- 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 costs.
Miscellaneous Petitions, if any, pending in this writ petition
shall stand closed.
_______________
K.SURESH REDDY,J
27th day of December,2022
RPD
HON'BLE SRI JUSTICE K. SURESH REDDY
WRIT PETITION No. 40102 of 2022
Dated: 27.12.2022
RPD
