G.Kalesha, vs The State Of Andhra Pradesh,
2022 Latest Caselaw 4288 AP

     IN THE HIGH COURT OF ANDHRA PRADESH:: AMARAVATHI

             HON'BLE SRI JUSTICE NINALA JAYASURYA

                 WRIT PETITION No.14207 OF 2022

G.Kalesha
                                                           ... Petitioner

       Versus

The State of Andhra Pradesh represented by
Represented by its Principal Secretary to Government,
Department of Education, and Others.
                                                    ... Respondents

Counsel for the petitioner       :      Mr.Suresh Kumar Reddy Kalava

Counsel for Respondent No.1 :           Government Pleader for Education

Counsel for R.2 to R.4           :      Mr.G.V.S. Kishore Kumar

Counsel for Respondent No.5 :           Govt. Pleader for Finance & Plg.


ORDER:

The petitioner had been awarded the contract for

Rs.11,98,520/- for Construction of Hostel Building for Minority

College for Girls at Kalikiri (V&M) in Chittoor District, vide

agreement dated 23.11.2019, and the work for Rs.33,71,394/-

towards Repairs and renovation to play fields and indoor stadium at

Kuppam (V) & (M) in Chittoor District, vide agreement dated

11.8.2018. After execution of the said contracts, the bills for a sum

of Rs.11,98,520/- and for a sum of Rs.33,71,394/- had been

prepared. 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. Heard learned counsel for the petitioner, learned Government

Pleader for Finance & Planning appearing for the respondent Nos.5,

Mr.G.V.S.Kishore Kumar, learned Standing Counsel appearing for

the respondent Nos.2 to 4. With their consent, the Writ Petition is

being disposed of at the admissions stage.

3. 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.

4. 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 & 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.

5. 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 pleaders for Finance & Planning

and learned counsel appearing for the respondent-Corporation, this

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

release the amounts of Rs.11,98,520/- and Rs.33,71,394/- to the

petitioner at the earliest, and at any rate, within a period of six

weeks from today. It would also be open to the petitioner to agitate

his claim for interest, if any payable by the respondents, in an

appropriate forum. There shall be no order as to costs.

Consequently, miscellaneous applications, pending if any,

shall stand closed.

_________________________ NINALA JAYASURYA, J July 19, 2022 vasu