Citation : 2022 Latest Caselaw 7062 AP
Judgement Date : 15 September, 2022
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
THE HON'BLE SRI JUSTICE NINALA JAYASURYA
WRIT PETITION No.25921 of 2022
Between:-
Chejarla Suresh Reddy .... Petitioner
And
The State of Andhra Pradesh, represented
by its Principal Secretary,
Social Welfare Department and Others. .... Respondents
Counsel for the Petitioner : Mr.Ch.C.Krishna Reddy
Counsel for the Respondents : 1)G.P. for Social Welfare
2) G.P. for Finance & Planning
3) Mr.G.V.S.Kishore Kumar,
Standing Counsel for
A.P.Education and Welfare
Infrastructure Development
Corporation
ORDER:
The petitioner had been awarded the contract for
completion of incomplete Existing Class Rooms (Under RMSA
Phase-3) in Z.P.High School at Pathanalapadu Village of Dakkili
Mandal in SPSR Nellore District, under Agreement dated
21.02.2019. After execution of the said contract, a final bill for a
sum of Rs.3,91,251/- has been prepared. 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, 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 amounts of Rs.3,91,251/- 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: 15.09.2022 BLV
THE HON'BLE SRI JUSTICE NINALA JAYASURYA
W.P.No.25921 of 2022
Date: 15.09.2022
BLV
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