Goli Sarath Babu Sarath Reddy vs The State Of Andhra Pradesh
2022 Latest Caselaw 2435 AP

            HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

                          W.P.No.10679 of 2022

ORDER:

The petitioner had been awarded the contract for the following

works:

Sl.No.    Name of the work                            Amount

1         Operation and maintenance of CPWS at        Rs.4,09,613/- &
          Iragaravaram Mandal, West Godavari          Rs.5,98,086/-
          District
2         Operation and maintenance of CPWS at        Rs.16,13,509/-
          Attili   &    Iragavaram   and      other

Habitations in West Godavari District 3 Operation and maintenance of CPWS at Rs.1,67,072/-

Iragavaram Mandal, West Godavari District 4 Operation and maintenance at Attili and Rs.1,67,072/-

Iragavaram and other Habitations in West Godavari District 5 Operation and maintenance of CPWS Rs.16,47,514/-

Scheme to KP Palem & other 48 Habitations in Mogalthur Mandal 6 Operation and maintenance of CPWS Rs.4,09,613/-

Scheme at Iragavaram Mandal, West Godavari District

The above said works have been entrusted to the petitioner under

14th Finance Scheme and entered supplement work agreement dated

03.01.2022 for an estimated cost of Rs.76.00 lakhs. After execution of the

said contract, final bills 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 2 RRR,J W.P.No.10679 of 2022

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 abovementioned

amounts 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.

2nd May, 2022 Js.

                          3                           RRR,J
                                      W.P.No.10679 of 2022

HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

W.P.No.10679 of 2022

2nd May, 2022 Js.