Vasiboina Pentaiah, vs The State Of Andhra Pradesh
2022 Latest Caselaw 1305 AP

            HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

                         W.P.No.4778 of 2022

ORDER:

The petitioner had been awarded the contracts for a) Constructions

of CC approach to newly constructed MPP building at Gopalapuram

Mandal and b) Construction of BC community hall in Vellachintalagudem

Village Gopalapuram Mandal, at West Godavari District. After execution of

the said contract, a final bill for a sum of Rs.5,63,435/- had been prepared

on the basis of the Measurement Book Nos.95b/ZPJ/2017-18 and

14b/ZPJ/16-17. 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.

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.

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.

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 amount of Rs.5,63,435/-

to the petitioner at the earliest, and at any rate, within a period of six 2 RRR,J W.P.No.4778 of 2022

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

As a sequel, pending miscellaneous petitions, if any, shall stand

closed.

_________________________ R. RAGHUNANDAN RAO, J.

14th March, 2022
BSM
                           3                          RRR,J
                                       W.P.No.4778 of 2022




       HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO




                 W.P.No.4778 of 2022




                  14th March, 2022
BSM.