M/S. Kendriya Bandar vs The State Of Andhra Pradesh
2022 Latest Caselaw 8344 AP

       HON'BLE SRI JUSTICE K.SURESH REDDY

                   W.P.No.28756 of 2022

ORDER:-


      This writ petition is filed seeking the following relief:-

            "to issue Writ, Order or direction more particularly
      one in the nature of Writ of Mandamus declaring the
      action of the respondents for not paying the Petitioner

an amount of Rs.35,58,404/- i.e., Rs.16,48,310/- for the supply of Furniture and Rs.19,10,094/- for supply of lab material due to the petitioner through the Order dated.15.02.2021, as illegal, arbitrary, contrary to the principles of natural justice and in violation of the Articles.14, 19 and 21 of the Constitution of India and consequently direct the respondents to make the payment of an amount of Rs.35,58,404/- forthwith along with an interest of 18% p a."

2. The contention of the petitioner-M/s.Kendriya Bandar is

that it was awarded the contract works by the 6th respondent

i.e., supply of furniture and lab equipments and in that

process an amount of Rs.35,58,404/- 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 School Education,

Social Welfare 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.63,79,458/- 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 its/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 04-11-2022.

TSNR