Andhra Pradesh High Court - Amravati
Sayed Kalesha vs The State Of Andhra Pradesh on 27 June, 2022
THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.12719 of 2022
ORDER:
The petitioner had been awarded the contract for 1)
providing drinking water facility with 100% house hold service
connections to Chemudugunta in Venkatachalam Mandal, vide
Agreement No.SO-II/ / 2018-19, dated 04.06.2018 2) providing
drinking water facility with 100% house hold service connections
to Vaddipalem of Venkatakrishnapuram of Kasumuru GP in
Venkatachalam Mandal, vide Agreement No.SO-II/ / 2018-19,
dated 02.06.2018, 3) providing drinking water facility with 100%
house hold service connections to Kakutur GP in Venkatachalam
Mandal, vide Agreement No.SO-II/08/ 2018-19, dated 11.06.2018,
4) providing drinking water facility with 100% house hold service
connections to Venkatachalam GP in Venkatachalam Mandal, vide
Agreement No.SO-II/ / 2018-19, dated 19.05.2018 and 5)
providing drinking water facility with 100% house hold service
connections to Chinnuru of Kasumuru in Venkatachalam Mandal,
vide Agreement No.SO-II/ / 2018-19, dated 02.06.2018, under
National Rurban Mission (NRUM) grant. After execution of the said
contract, final bills were prepared for sums of Rs.14,77,491/-,
Rs.8,88,613/-, Rs.22,72,346/-, Rs.18,35,093/- and
Rs.16,79,138/-, as per agreements dated 04.06.2018, 02.06.2018,
11.06.2018, 19.05.2018 and 02.06.2018 respectively. As the
payment of the said amounts 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 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, learned Government Pleader for Panchayat Raj and
learned counsel appearing for the respondents, this Writ Petition is
disposed of with a direction to the respondents to release the
amounts of Rs.14,77,491/-, Rs.8,88,613/-, Rs.22,72,346/-,
Rs.18,35,093/- and Rs.16,79,138/- to the petitioner at the
earliest, and at any rate, within a period of six weeks from the date
of receipt of a copy of this order, failing which the petitioner is
eligible 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: 27.06.2022
BSP
THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.12719 of 2022
Dated: 27.06.2022
BSP
