S. Satish Kumar Setty, vs The State Of Andhra Pradesh,
2022 Latest Caselaw 7879 AP

  IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

      THE HON'BLE SRI JUSTICE NINALA JAYASURYA

              WRIT PETITION No.26791 of 2022

Between:-
S.Satish Kumar Setty                                    .... Petitioner
                                       And

The State of Andhra Pradesh, represented
by its Secretary, Finance & Planning Department
and Others.                                 ..... Respondents

Counsel for the Petitioner             : Mr.A.Pandu Ranga Rao

Counsel for the Respondents : 1) Government Pleader for
                               Finance & Planning
                               2) 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

works i.e., i) Filling low level area and providing rough Kadapa

slab, Flooring at Rear side of Women's Hostel at Silver Jubilee

Degree College at Kurnool and ii) Providing External Drainage to

Women's Hostel at Silver Jubilee College at Kurnool under

Agreement, dated 13.12.2018. After execution of the contract by

the petitioner, a final bill for a sum of Rs.9,35,850/-

(Rs.4,67,136/- and Rs.4,68,714/-) has been prepared. As the

payments of the said amounts have not been made by the

respondents, the petitioner approached this Court by way of this

Writ Petition.

2. Heard learned counsel for the petitioner. Also heard

learned Government Pleader for Finance & Planning and

Mr.G.V.S.Kishore Kumar, learned Standing Counsel for APEWIDC

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 payments are 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 amounts of i) C.C. I & Final

Rs.4,20,117/- and ii) C.C. I & Final Rs.4,27,147/- to the

petitioner, 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: 17.10.2022 BLV

THE HON'BLE SRI JUSTICE NINALA JAYASURYA

W.P.No.26791 of 2022

Date: 17.10.2022

BLV