Bommineniramanjaneyulu, vs The State Of A.P
2022 Latest Caselaw 3411 AP

     THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                   WRIT PETITION No.11958 of 2022

ORDER:

The petitioner had been awarded the contract of work

pursuant to the Operation and Maintenance of CPWS Scheme in

Pallamilli and 8 other habitations in Chimakurthy Mandal, RWS

Division, Ongole, Prakasam District under O & M (Operation and

Maintenance) ZP Funds-14th / 15th Finance grant. After execution

of the said contract, final bills were prepared for sums of

Rs.28,06,405/- for the year 2020-21 and Rs.21,94,137/- for the

period 01.04.2021 to 31.12.2021. As the payment of the said

amounts have not been made by the respondents, the petitioner

has approached this Court by way of this writ petition.

2. 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.

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. 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

Rural Development and learned counsel appearing for the

respondents, this Writ Petition is disposed of with a direction to the

respondents to release the amounts of Rs.28,06,405/- and

Rs.21,94,137/- to the petitioner at the earliest, and at any rate,

within a period of six (6) weeks from the date of receipt of a copy of

this order. If the respondents fail to pay the amount within the

stipulated time, the petitioner is entitled for interest @ 12% p.a.

There shall be no order as to costs.

Consequently, Miscellaneous Petitions, if any, pending in this Writ

Petition shall stand closed.

______________________________________ VENKATESWARLU NIMMAGADDA, J

Date: 04.07.2022 BSP

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION No.11958 of 2022

Dated: 04.07.2022

BSP