Kotte Kondaiah, vs State Of Andhra Pradesh
2022 Latest Caselaw 8559 AP

HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

                     Writ Petition No.27762 of 2022

Order:

        This writ petition is filed to direct the respondents to pay a sum

of Rs.83,33,947/- in respect of the work executed by the petitioner

pursuant to the agreement dated 13-11-2018 of constructing Kreeda

Vikas     Kendra    in   SSKCM      Zilla   Parishad   High   School    at

Santhanuthalapadu Village of Prakasam District.

        2. Heard learned counsel for the petitioner and learned

Government Pleader for Finance and Planning.

        3. It is the case of the petitioner that an agreement was entered

into between the petitioner and the respondents whereby the work of

construction of Kreeda Vikas Kendra in SSKCM Zilla Parishad High

School at Santhanuthalapadu Village of Prakasam District was

entrusted to the petitioner. It is stated that he has executed the said

work and completed the construction of the said Kreeda Vikas Kendra

and that a sum of Rs.83,33,947/- is due to him in connection with the

said work executed by him and that the same is not paid to him by the

respondents inspite of repeated demands.

        4. Respondent No.2 filed counter admitting the fact that after the

agreement was executed between the petitioner and the respondents

entrusting the work of execution of constructing Kreeda Vikas Kendra

in SSKCM Zilla Parishad High School at Santhanuthalapadu Village of
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Prakasam District and that the petitioner has also executed the said

work and completed the construction of the said Kreeda Vikas Kendra.

     5. However, as regards payment of the amount due to the

petitioner is concerned, it is stated that bills are presented in the

previous financial year and as there was no sufficient budget provision

under the respective head of accounts that the amount was not paid

to the petitioner. It is stated that sufficient budget allocation has been

made in the current Financial Year 2022-23 under the head of

accounts and that respondent No.6 has resubmitted the bills to the

Pay and Accounts Office, Ongole, in terms of the aforesaid agreement

and that a sum of Rs.4,58,671/-, which includes EMD and FSDs was

also paid to the petitioner on 26-10-2022.         It is stated that the

remaining due amount would be paid at the earliest. However, it is

stated that the petitioner is not entitled to interest on the amount

claimed as per the judgment of a Division Bench of this Court

rendered in W.P.No.23345 of 2021, dated 18-02-2022.

     6. Thus, as can be seen from the counter affidavit filed by the

2nd respondent, the material facts relating to the lis are categorically

admitted. The fact that the agreement in question was entered into

between the petitioner and the respondents and the fact that the

petitioner has executed the work of constructing Kreeda Vikas Kendra

and the fact that a sum of Rs.83,33,947/- is due to the petitioner

relating to the said contract work are all unequivocally admitted.
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However, it is stated that a sum of Rs.4,58,671/- was already paid to

the petitioner towards part payment of the due amount and that the

remaining amount could not be paid as no budget provision is made in

the previous financial year and as budget provision is made in the

current financial year that the remaining amount would be paid within

short time.

     7. Learned counsel for the petitioner fairly concedes that a sum

of Rs.4,58,671/- was paid towards part payment of the claim made by

the petitioner and he submits that excluding the EMD and FSDs that

the principal amount of Rs.1,38,429/- was only paid out of the said

amount. He would submit that still a sum of Rs.84,82,610/- is due to

him in total. The said fact is not disputed by the learned Government

Pleader for Finance and Planning. Therefore, the petitioner is entitled

only for the remaining part of the amount claimed in the writ petition.

As the respondents have admitted that the said remaining part of the

due amount would be paid within a short period of time, this Court is

of the considered view that this writ petition can be disposed of with

a direction to the respondents to pay the said remaining part of the

amount to the petitioner by fixing a time limit. Learned Government

Pleader for Finance and Planning would request eight weeks' time to

pay the balance amount.

     8. Therefore, in the said facts and circumstances of the case, the

writ petition is disposed of with a direction to the 2nd respondent to
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pay the balance sum of Rs.18,94,471/- under Token No.2022-243332

and a sum of Rs.65,88,139/- under Token No.2022-243381, in total

a sum of Rs.84,82,610/- (Rupees eighty four lakhs, eighty two

thousand, six hundred and ten only) which is due to the petitioner

within 8 (eight) weeks from the date of this order. If the respondents

fail to pay the said amount due to the petitioner within eight weeks'

period of time, the respondents are liable to pay interest at the rate of

12% per annum on the said amount after eight weeks.             Pending

applications, if any, shall stand closed. No costs.


                             _________________________________________
                             CHEEKATI MANAVENDRANATH ROY, J.

08th November, 2022. Ak

HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

Writ Petition No.27762 of 2022

08th November, 2022.

(Ak)