Citation : 2022 Latest Caselaw 7152 AP
Judgement Date : 19 September, 2022
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
HON'BLE SRI JUSTICE NINALA JAYASURYA
WRIT PETITION No.28199 OF 2022
Between:-
B. Pulla Reddy
... Petitioner
and
The State of Andhra Pradesh represented by
its Principal Secretary, Department of Sports
Authority and others
... Respondents
Counsel for the petitioner :Mr.N. Ranga Reddy
Counsel for the respondent :Government Pleader for
Nos.1 and 2 Finance
Counsel for respondent Nos.3 to 9 : E.V. Jagannadha Rao
ORDER:
The petitioner had been awarded the contract for
construction of Kreeda Vikas Kendra (SAAP) at Madakasira,
Ananthapuram District, under agreement dated 30.01.2018.
After execution of the said contract, a final bill for a sum of
Rs.32,82,456/- 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. Heard learned counsel for the petitioner, learned
Government Pleader for Finance & Planning appearing for
the respondent Nos.1 and 2, Mr. E.V. Jagannadha Rao,
learned Standing Counsel appearing for the respondent
Nos.2 to 9. 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 counsel
appearing for the respondent-Corporation, this Writ Petition
is disposed of with a direction to the respondents to release
the amount of Rs.32,82,456/- 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 September 19, 2022.
ASH
THE HON'BLE SRI JUSTICE NINALA JAYASURYA
WRIT PETITION No.28199 OF 2022 DATE: 19.09.2022
Ash
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