M/S. Jmc Constructions Private ... vs The State Of Andhra Pradesh,
2022 Latest Caselaw 2263 AP

           HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

                         W.P.No.7080 of 2022

ORDER:

The petitioner had been awarded the contract for urgent repairs to

riding surface from km, 0/0 to ¼ of Chittoor -Aragonda in Chittoor; FDR

to Riding Surface from Km 1/8 to 3/5 of Chittoor Byepass road connecting

Chittoor Kurnool road (NH-18) and Chennai-Chittoor Bangalore (NH-4) in

chittoor District; and FDR to Riding Surface fro km 4/0 to 6/8 of Chittoor

Byepass road connecting Chittoor Kurnool road (NH-18) and Chennai-

chittoor Banhalore (NH-4), under agreements dated 23.02.2021,

31.03.2021 and 31.03.2021. After execution of the said contract, final bills

for Rs.13,94,808/-, Rs.22,63,825/- and Rs.22,20,783/- had been prepared

and submitted to the authorities concerned for payment. 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 2 RRR,J W.P.No.7080 of 2022

counsel appearing for the respondents, this writ petition is disposed of

with a direction to the respondents to release the amount of

Rs.13,94,808/-, Rs.22,63,825/- and Rs.22,20,783/- 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. 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.

4th May, 2022 Js.

                          3                          RRR,J
                                      W.P.No.7080 of 2022




      HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO




                W.P.No.7080 of 2022




                   4th May, 2022
Js.