Andhra Pradesh High Court - Amravati
Kalluri Poorna Chandra Rao vs The State Of Andhra Pradesh on 1 November, 2022
HON'BLE SRI JUSTICE K.SURESH REDDY
W.P.No.35153 of 2022
ORDER:-
This writ petition is filed seeking the following relief:-
"to issue a writ or direction more particularly one in
the nature of Writ of Mandamus declaring the action of the
respondents in not making the admitted third and final bill
payment of Rs.42,88,832/- payable to petitioner in relation
to work namely "Construction of Kitchen and Additional
dining hall and repairs to the existing dormitories, existing
dining hall including water supply, sanitary furniture and
electrical arrangements to APR School at Kavur Village in
Cherukupalli Mandal of Guntur District executed for 4th
respondent by the petitioner under Agreement bearing No
05/2017-18, dated.24-07-2017 and its supplementary
agreement dated. 24-07-2021 despite finalizing the bills
forwarding for payment as illegal arbitrary unconstitutional
and consequently direct the respondents herein to
immediately pay the balance third and final bill amount of
Rs.42,88,832/- payable to petitioner in relation to work
namely Construction of Kitchen and Additional dining hall and
repairs to the existing dormitories, existing dining hall
including water supply sanitary furniture and electrical
arrangements to APR School at Kavur Village in Cherukupalli
Mandal of Guntur District with an interest 12% per annum."
2. The contention of the petitioner is that he was awarded
the contract works by the 4th respondent i.e., Construction of
Kitchen and Additional dining hall and repairs to the existing
dormitories, existing dining hall including water supply,
sanitary furniture and electrical arrangements to APR School
at Kavur Village in Cherukupalli Mandal of Guntur District and
in that process an amount of Rs.42,88,832/- has to be paid by
the respondents. Further, it is the contention of the petitioner
that even though the respondents admitted that the petitioner
is entitled for payment of the aforesaid amount, 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. The learned Government Pleaders for Education and
Finance and Planning have not disputed the same and submit
that payment/bills will be considered in due course as and
when funds made available.
5. In view of the aforesaid directions of this court in
various cases and after hearing both sides, this writ petition is
disposed of with a direction to the respondents to pay the
pending bill amount i.e., Rs.42,88,832/- to the petitioner
within a period of eight(8) weeks from the date of receipt of a
copy of this order . It would also be open to the petitioner to
agitate his/her/their claim for interest, if any payable by the
respondents in an appropriate forum.
No order as to costs. Miscellaneous Petitions, if any,
pending in this writ petition shall stand closed.
_______________
K.SURESH REDDY,J
01-11-2022.
TSNR
