M/S. Jmc Constructions Private ... vs The State Of Andhra Pradesh,
2022 Latest Caselaw 2264 AP

           HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

                             W.P.No.6692 of 2022

ORDER:

The petitioner had been awarded the contract for construction of

four lane road with central divider in the stretch from Km 22.6 to 25/8 of

Tenali-Chndole road and from km 0/0 to 1/0 of Tenali Mangalagiri road for

a total length of 4.20 km in Guntur District, under agreement dated

29.12.2017. After execution of the said contract, a final bill for a sum of

Rs.2,35,52,928/- 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

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

with a direction to the respondents to release the amount of

Rs.2,35,52,928/- to the petitioner at the earliest, and at any rate, within a 2 RRR,J W.P.No.6692 of 2022

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.6692 of 2022




      HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO




                W.P.No.6692 of 2022




                   4th May, 2022
Js.