Citation : 2022 Latest Caselaw 8955 AP
Judgement Date : 23 November, 2022
HON'BLE SRI JUSTICE K.SURESH REDDY
Writ Petition No.22685 of 2022
ORDER:-
This writ petition is filed seeking the following relief:-
"Writ Order or direction more particularly one in the
nature of Writ of Mandamus declaring the action of the
respondents in not releasing the admitted amount of
Rs.1,06,17,195/- for supply of equipment, furniture and other items in pursuant to tender notice No.1789/Admn.III/2018, dated 24.08.2018, is illegal, arbitrary, and consequently direct the respondents to pay total bill amount of Rs.1,06,17,195/-, with 24% interest per annum to the petitioner and also damages of Rs.50,00,000/-"
2. The petitioner's firm is running business in the name and style
of Veterinary Equipment Technologies, Chandigarh, and supplying of
veterinary goods, equipments etc., In pursuant to tender notice
No.1789/Admn.III/2018, dated 24.08.2018, the petitioner's firm has
supplied veterinary goods, furniture and other equipment to the
Department of Veterinary Clinical Complex (VCC), college of
Veterinary Sciences, Sri Venkateswara Veterinary University, Tirupati,
to a tune of Rs.1,08,32,325/- and he received beneficiary amount of
Rs.2,15,130/-, for the remaining amount of Rs.1,06,17,195/-, the
respondents did not pay till now. Even though, the petitioner made
number of representations for release of the admitted amount, no
action has been taken by them. Aggrieved by the same, the
petitioner filed the present writ petition.
3. Learned counsel for the petitioner submits that even though
respondents admitted that the petitioner is entitled for payment of
the aforesaid sum of money, no payment is being made and such non-
payment of money is clearly arbitrary and high-handed and thereby
requires interference by this court.
4. 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.
5. The learned Standing Counsel submitted that the bills raised by
the petitioner have been verified and found to be correct and true.
6. 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 amounts due 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 costs.
Miscellaneous Petitions, if any, pending in this writ petition
shall stand closed.
_______________ K.SURESH REDDY,J 23rd day of November,2022 RPD
HON'BLE SRI JUSTICE K. SURESH REDDY
WRIT PETITION No. 22685 of 2022
Dated: 23.11.2022
RPD
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