"Writ vs Unknown
2022 Latest Caselaw 8004 AP

       HON'BLE SRI JUSTICE K.SURESH REDDY

                   W.P.No.32956 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 withholding the payment of amount

Rs.63,79,458/- even after finalizing the bills payable to the petitioner in relation to the work i.e., Construction of Pre-Metric Hostel for Boys at Gudur Village, Kadapa City, Y.S.R District vide Agreement No /CE/APEWIDCNJA/202021 dt.12.10.2020 despite CFMS token No.2022-507034 for an amount of Rs.63,79,458/- is waiting for fund clearance with respondents 1 to 6 as illegal, arbitrary and violative of Articles.14 and 21 of the Constitution of India and consequently direct the respondents to forthwith consider for payment of the cumulative total amount of Rs.63,79,458/- with interest @ 12% per annum for the delayed amount to the petitioner in respect of execution of above mentioned works forthwith."

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

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

Pre-Metric Hostel for Boys at Gudur Village, Kadapa City,

Y.S.R.District and in that process an amount of

Rs.63,79,458/- 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.63,79,458/- to the petitioner

within a period of six(6) 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 20-10-2022.

TSNR