M/S G.S Infra, vs The State Of Andhra Pradesh,
2022 Latest Caselaw 4110 AP

      THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI

                 WRIT PETITION No.13514 of 2022

ORDER:

The petitioner had been awarded the contract for

providing urgent repairs to Atchampeta H.W. to Nindujarla Road

from KM 4/3 to 6/4 in Guntur District, under agreement dated

03.02.2021. After execution of the said contract, a final bill for

a sum of Rs.28,73,030/- had been prepared and submitted to

the authorities concerned for payment. As the payment of the

said amount has not been made by the respondents, the

petitioner has approached this Court by way of writ petition.

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.28,73,030/- 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