D N Bharath Kumar vs The State Of Ap
2022 Latest Caselaw 7119 AP

IN THE HIGH COURT OF ANDHRA PRADESH:: AMARAVATHI

          HON'BLE SRI JUSTICE NINALA JAYASURYA

                WRIT PETITION No.29762 OF 2022

D.N.Bharath Kumar                                   ... Petitioner

      Versus

The State of Andhra Pradesh
Represented by its Principal Secretary
(Home Department) and Others.                    ... Respondents

Counsel for the petitioner      : Mr. Bandi Sri Hari

Counsel for respondents         : G.P. for Home,
                                  G.P. for Finance & Planning,
                                  Mr.K.C.Venkata Reddy,
                                  Standing Counsel for APSPHC
ORDER:

The petitioner had been awarded the contract for repairs to

Electrical, Civil Modification & Minor repairs to the existing Caddl at

Dharmavaram of Anantapuramu District, under agreement dated

31.03.2021. After execution of the said contract, a final bill for a

sum of Rs.1,53,437/- had been prepared on the basis of the

Measurement Book. 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. Heard learned counsel for the petitioner, learned Assistant

Government Pleader for Finance & Planning and Mr.K.C.Venkata

Reddy, learned Standing Counsel for Andhra Pradesh State Police

Housing Corporation Limited for the respective respondents. With

their consent, the Writ Petition is being disposed of at the

admissions 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 cleared

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 learned counsel for

the petitioner, learned Government pleader for Finance & Planning

and learned Standing Counsel appearing for the respondent-

Corporation, this Writ Petition is disposed of with a direction to the

respondents to release the admitted amount of Rs.1,49,180/- to the

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

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.

Consequently, miscellaneous applications, pending if

any, shall stand closed.

_____________________ NINALA JAYASURYA, J Date: 16.09.2022 BLV

HON'BLE SRI JUSTICE NINALA JAYASURYA

WRIT PETITION No.29762 OF 2022

Dt: 16.09.2022

BLV