V Srinivasa Rao vs The State Of Andhra Pradesh
2022 Latest Caselaw 7814 AP

  IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

      THE HON'BLE SRI JUSTICE NINALA JAYASURYA

             WRIT PETITION No.24246 of 2022

Between:-
V.Srinivasa Rao                                ....   Petitioner
                               And

The State of Andhra Pradesh, represented
by its Principal Secretary,
Social Welfare Department and Others.    .... Respondents

Counsel for the Petitioner      : Ms.M.Kiranmayee

Counsel for the Respondents : 1)Government Pleader for
                               Social Welfare
                               2) Government Pleader for
                                Finance & Planning
                               3) Mr.G.V.S.Kishore Kumar,
                               Standing Counsel for
                               A.P.E.W.I.D.C.
ORDER:

The petitioner had been awarded the contract for the work

i.e., Repairs & Maintenance to S.W.Girls/Boys Hostels at

Pithapuram & Moolapeta and under Package-III, under

Agreement, dated 19.08.2019. After execution of the said

contract, a final bill for a sum of Rs.2,74,195/- has been prepared

on the basis of Measurement Book records. As the payment of

the said amount has not been made by the respondents, the

petitioner approached this Court by way of this Writ Petition.

2. Heard learned counsel for the petitioner, learned

Government Pleader for Social Welfare, learned Government

Pleader for Finance & Planning and Mr.G.V.S.Kishore Kumar,

learned Standing Counsel appearing for the respective

respondents. With their consent, the Writ Petition is being

disposed of at the admission stage.

3. It is the contention of the petitioner that even though the

respondents admitted that the petitioner is entitled for payment

of the aforesaid sums of money, 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.

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 & batch had taken the view that such non-

payment of dues is arbitrary and that such dues need to be

declared by the respondents at the earliest.

5. In view of the aforesaid directions of this Court in various

cases and after hearing the submissions of the counsels on both

sides, this Writ Petition is disposed of with a direction to the

respondents to release the amount of Rs.2,74,195/- at the

earliest, and at any rate, within a period of six (6) weeks from

today. It would also be open to the petitioner to agitate his claim

for interest, if any payable by the respondents, in an appropriate

Forum. There shall be no order as to costs.

As a sequel, pending miscellaneous petitions, if any, shall stand closed.

_____________________ NINALA JAYASURYA, J Date: 13.10.2022 BLV

THE HON'BLE SRI JUSTICE NINALA JAYASURYA

W.P.No.24246 of 2022

Date: 13.10.2022

BLV