The vs (Plain) Under An Agreement Dated ...
2022 Latest Caselaw 4399 AP

     THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                     WRIT PETITION No.19815 of 2022

ORDER:

The petitioner has been awarded the contract for providing

BT to approach road to S.Mallapuram of Brahmasamudram

Mandal, Ananthapuram District under the grant of PR Roads

(Plain) under an agreement dated 18.04.2017. After execution of

the said contract, a final bill for a sum of Rs.12,16,978/- had been

prepared on the basis of Measurement Book. 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 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.12,16,978/- to the petitioner 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% per

annum. 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: 21.07.2022 Ivd

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION No.19815 of 2022

Dated: 21.07.2022

Ivd