M/S Pasupala Foods Pvt., Ltd vs The State Of Andhra Pradesh
2022 Latest Caselaw 8555 AP

       HON'BLE SRI JUSTICE K.SURESH REDDY

                    W.P.No.28907 of 2022

ORDER:-


     This writ petition is filed seeking the following relief:-

             "to issue a Writ of MANDAMUS declaring the action of
     the Respondents herein in not making payment of the bills

for the works done under four Supply Orders to the tune of Rs.58,78,500/- towards the final bill for supply of sports material to 1101 primary schools and 153 upper primary schools (2) Rs.22,60,100/- towards the final bill for supply of sports material to 216 High Schools and 17 Junior Colleges (3) Rs.1,51,68,025/- towards final bill for supply of sports material to 2465 Primary Schools and 288 Upper Primary Schools and (4) Rs.60,20,180/- towards final bill for supply of sports materials in Prakasam District proceedings of the 7th respondent vide Rc.No.A4/1263/2019,dated.07-10-2020 Rc.No.A9/7729/2019,dated.05.01.2021,Rc.No.A4/1402/2020 dated 01.04.2021 and Rc.No.A9/1403/2020 dated, 01.04.2021 as illegal, arbitrary and violative of Article 19 (1)

(g) of the Constitution of India and consequently direct the Respondents herein to make payment of Rs.2,93,26,085/- to the Petitioner herein."

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

the contract works by the 7th respondent i.e., supply of sports

material to Government Primary and Upper Primary Schools

and in that process an amount of Rs.2,93,26,085/- 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.2,93,26,085/- 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