Dgb Constructions Pvt Ltd vs The State Of Ap
2022 Latest Caselaw 8552 AP

       HON'BLE SRI JUSTICE K.SURESH REDDY

                     W.P.No.33986 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.81,39,115/- due to the petitioner under the Agreement vide No.Agt.No.27/2018-19, dated.03-07-2018 as illegal, arbitrary, contrary to the principles of natural justice and in violation of the Art 14, 19 and 21 of the Constitution of India and consequently direct the respondents to make the payment of an amount of Rs.81,39,115/- forthwith along with an interest of 18% p a."

2. The contention of the petitioner is that he was awarded

the contract works by the respondent No.7 i.e., Construction

of additional infrastructure facilities in DIET College at

Bommuru Village in Rajahmundry Mandal of East Godavari

District and in that process an amount of Rs.81,39,115/- 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.81,39,115/- 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 08-11-2022.

TSNR