The vs Unknown
2022 Latest Caselaw 6615 AP

     THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                 WRIT PETITION No.3434 of 2019

ORDER:

The petitioner has been awarded the contract to

undertake the works i.e., to put divider bocks at the bus bays in

the gram Panchayat, in 196 identified places. After execution of

the said contract, a final bill for a sum of Rs.17,06,625/- had

been prepared. As the payment of the said amount has not

been made by the respondents, the petitioner has approached

this Court by way of this writ petition.

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

respondents admitted that the petitioner is entitled for payment

of the aforesaid sum 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.

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 the submissions of learned counsel for

the petitioner and learned counsels appearing for the

respondents, this Writ Petition is disposed of with a direction to

the respondents to release the amount of Rs.17,06,625/- to the

petitioner at the earliest, and at any rate, within a period of six

weeks from the date of receipt of a copy of this order, failing

which the petitioner is entitled for interest @12% per annum.

There shall be no order as to costs.

Consequently, Miscellaneous Petitions, if any, pending in

this Writ Petition shall stand closed.

_____________________________________________ JUSTICE VENKATESWARLU NIMMAGADDA

Date:08.09.2022

SP