B Ravindra Reddy vs The State Of Andhra Pradesh,
2022 Latest Caselaw 8605 AP

          HON'BLE SRI JUSTICE K.SURESH REDDY

                      W.P.No.31442 of 2022

ORDER:-


     This writ petition is filed seeking the following relief:-

             "to issue a writ of Mandamus or any other
     appropriate writ or direction declaring the action of the
     Respondents in withholding the payment of net balance

amount Rs.37,04,172/- vide Agreement No.06/2019-20 even after finalizing the bills payable to the petitioner in relation to the works i.e., Construction of KGBV Junior College at Kavali (Village and Mandal) of SPSR Nellore District in Agreement No.06/2019-20, dated 21-10-2019 is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of amounts of Rs.37,04,172/- vide Agreement No 06/2019-20 with interest 24% per annum for the delayed amount to the petitioner in respect of execution of above mentioned work forthwith."

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

the contract works by the 4th respondent i.e., Construction of

KGBV Junior College at Kavali (Village and Mandal) of SPSR

Nellore District and in that process an amount of

Rs.37,04,172/- 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.37,04,172/- 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 09-11-2022.

TSNR