Citation : 2022 Latest Caselaw 4108 AP
Judgement Date : 18 July, 2022
THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI
WRIT PETITION No.18564 of 2022
ORDER:
The petitioner had been awarded the contract for
execution of works i.e. construction of two storied building for
Assistant Director (Horticulture) Office-cum-Farmer Training
Centre (first floor) at Amalapuram and construction of two
storied building for Assistant Director (Horticulture) Office-cum-
Farmer Training Centre (Ground floor) at Amalapuram vide
agreements dated 19.06.2017 and 04.12.2017 with the estimate
cost of Rs.14,48,266/- and Rs.28,81,601/- respectively. After
execution of the works, final bill for an amount of Rs.4,39,228/-
and Rs.11,45,357/-, in total Rs.15,84,585/- has to be paid to
the petitioner. Since the above amount has not been paid, the
present writ petition came to be filed.
Learned counsel for petitioner contended 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 illegal 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 and learned Government Pleader for Irrigation,
this writ petition is disposed of with a direction to the
respondents to release the amount of Rs.15,84,585/- to the
petitioner at the earliest, within a period of eight 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 payable by
the respondents, in an appropriate forum. No order as to costs.
As a sequel, all the pending miscellaneous applications
shall stand closed.
_________________________ SUBBA REDDY SATTI, J 18th May, 2022
PVD
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