M/S. Dgb Constructions Pvt Ltd., vs The State Of Andhra Pradesh
2022 Latest Caselaw 4694 AP

     IN THE HIGH COURT OF ANDHRA PRADESH:: AMARAVATHI

             HON'BLE SRI JUSTICE NINALA JAYASURYA

                   WRIT PETITION No.21046 OF 2022

M/s.DGB Constructions Pvt Ltd., Rajahmundry
                                                              ... Petitioner

       Versus

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

Counsel for the petitioner         :      Mr.Shaik Mohammed Ismail

Counsel   for   Respondent No.1 :         G.P. for Higher Education
Counsel   for   Respondent No.2 :         G.P. for Social Welfare
Counsel   for   Respondents 3 & 4:        G.P. for Finance & Planning
Counsel   for   Respondents 5 to 9:       Mr.G.V.S. Kishore Kumar



ORDER:

The petitioner had been awarded the contract for

Rs.1,11,98,946/- for Construction of Hostel Building for Scheduled

Caste Students in Government Polytechnic APT at Kakinada and

construction of Government Model Residential Polytechnic at

Rajahmundry, vide agreement dated 01.2.2018. After execution of

the said contracts, the bills 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, Mr.G.V.S.Kishore Kumar, learned

Standing Counsel. 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 amount of Rs.1,11,98,946/- 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 27, 2022 vasu