Sree Pavani Engineering Company vs The State Of Andhra Pradesh
2022 Latest Caselaw 3754 AP

     THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                   WRIT PETITION No.15481 of 2022

ORDER:

The petitioner had been awarded the contract for

construction of New OHSR in Substitution to the Submerging

ELSR in Vamsadhara Project at Hiramandalam. After execution of

the said contract, final bill was prepared for sum of Rs.27,39,452/-

as per the M-Book records. 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.

2. It is the contention of the petitioner that even though the

respondents admitted that the petitioner is entitled for payment of

the aforesaid sum 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 amount of Rs.27,39,452/- 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: 06.07.2022 BSP

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION No.15481 of 2022

Dated: 06.07.2022

BSP