Gurrala Venkata Rao vs The State Of Andhra Pradesh
2022 Latest Caselaw 8556 AP

       HON'BLE SRI JUSTICE K.SURESH REDDY

                   W.P.No.29608 of 2022

ORDER:-


      This writ petition is filed seeking the following relief:-

            "to   issue   a   Writ   Order    or   Direction   more
      particularly one in the nature of WRIT OF MANDAMUS or
      any other appropriate Writ or direction declaring the
      action of the respondents in not releasing the payments

for the works i.e., for Construction of Additional Class Room to MPP School (Main) at Medapadu Village of Elamanchili Mandal, West Godavari District through M.Book.No.419/SSA/A/2017-18 for an amount of Rs.9,38,456/- as illegal, arbitrary and violative of Art.14 and 21 of Constitution of India and consequently direct the respondent authorities to release Rs.9,38,456/- with interest at 18% p.a. for the pending bills forthwith for the above said works executed by the petitioner."

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

the contract works by the respondent Nos.5 to 7 i.e., for

Construction of Additional Class Room to MPP School Main at

Medapadu Village of Elamanchili Mandal, West Godavari

District and in that process an amount of Rs.9,38,456/- 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.9,38,456/- 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