M/S. Brc Constructions Vatluru, vs The State Of Andhra Pradesh
2022 Latest Caselaw 1029 AP

           HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

                          W.P.No.1840 of 2022

ORDER:

The petitioner had been awarded the contract for BT to the Ganesh

Nagar approach road in Eluru Mandal, under Agreement dated

21.12.2018. After execution of the said contract, a final bill for a sum of

Rs.1,63,14,940/- had been prepared. As the payment of the said amount

has not been made by the respondents, the petitioner has approached

this Court by way of this writ petition.

It is the contention of the petitioner that even though the

respondents admitted that the petitioner is entitled for payment of the

aforesaid sums of money, 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.

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.

In view of the aforesaid directions of this Court in various cases

and after hearing the submissions of the learned counsel for the

petitioner, learned Government pleader for Panchayat Raj and learned

counsel appearing for the respondents, this writ petition is disposed of

with a direction to the respondents to release the amount of

Rs.1,63,14,940/- to the petitioner at the earliest, and at any rate, within a

period of six weeks from the date of receipt of a copy of this order. It

would also be open to the petitioner to agitate his claim for interest, if any 2 RRR,J W.P.No.1840 of 2022

payable by the respondents, in an appropriate forum. There shall be no

order as to costs.

As a sequel, pending miscellaneous petitions, if any, shall stand

closed.

_________________________ R. RAGHUNANDAN RAO, J.

24th February, 2022 Js.

                          3                          RRR,J
                                      W.P.No.1840 of 2022

HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

W.P.No.1840 of 2022

24th February, 2022 Js.