M/ S. Skml Industries, vs State Of Andhra Pradesh
2022 Latest Caselaw 6483 AP

         HON'BLE SRI JUSTICE K.SURESH REDDY

                       W.P.No.26603 of 2022

ORDER:-


     This writ petition is filed seeking the following relief:-

            "Writ of Mandamus directing the respondents to

release Rs.1,98,71,965/- (CFMS Token No 2022- 203936, CFMS Token No.2021-268874, CFMS Token No. 2020-635848 and CFMS Token No.2019-775961 with interest @ 18% p.a from the respective due dates within a time bound programme, declaring their inaction as violative of Art 14 and Art 19(1)(g) of the Constitution of India."

2. The contention of the petitioner is that in pursuance of

the tender notification of the 1st respondent, he, being

qualified in technical evaluation, supplied Dual Desks and

Bunker Beds in Gurukulam Institutions as per

purchase order of the 1st respondent, vide proceedings

Rc.No.41/C1/PLG/2015-16-1, dated 03-10-2017 and in that

process the respondents had paid 90% of the amount due and

kept pending 10% of the dues i.e., Rs.1,98,71,965/-; that

despite submitting of many representations, the respondents

did not release the amounts. 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. 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 release an

amount of Rs.1,98,71,965/- to the petitioner at the earliest,

and at any rate, within a period of eight(8) weeks from the

date of receipt of a copy of this order. However, it would be

open to the petitioner to agitate his 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 07-09-2022.

TSNR