M. Babu Naidu vs The State Of Andhra Pradesh
2022 Latest Caselaw 4728 AP

HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

               WRIT PETITION No. 20942 of 2022

ORDER:

The petitioner has been awarded the contract to undertake

the works i.e., improvements to ZP High School, Kanipakam in

Irala Mandal, Chittoor District, and construction of bus shelter

near Primary Health Center, Kanipakam, Irala Mandal, Chittoor

District. After execution of the said contract, final bills for

Rs.5,00,000/- and Rs.2,00,000/- 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 sums of money, no payment is made so far. 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 learned counsel for the

petitioner and learned counsels appearing for the respondents, this

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

release the amount of Rs.7,00,000/- to the petitioner, within a

period of six weeks from the date of receipt of a copy of this order.

If the respondents fail to pay the said 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 28th July, 2022 cbs

HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

Writ Petition No.20942 of 2022

28th July, 2022 cbs