M/S. Bamsm Constructions vs The State Of Andhra Pradesh
2022 Latest Caselaw 7153 AP

 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

            HON'BLE SRI JUSTICE NINALA JAYASURYA

                   WRIT PETITION No.29127 OF 2022

Between:-
M/s. Bamsm Constructions
                                                           ... Petitioner

      and
The State of Andhra Pradesh represented by
its Principal Secretary, Finance and Planning
Department and others
                                                         ... Respondents

Counsel for the petitioners            : Mr. K. Rathangapani Reddy

Counsel for the 1st respondent         : Government Pleader for
                                         Finance

Counsel for respondent Nos.2 to 4      : G.V.S. Kishore Kumar

ORDER:

The petitioner had been awarded the contract for

construction of RSC for Minorities at Arekal Village, Adoni

Mandal and Sadbhavan Mandap for Minorities at Adoni

Mandal, under agreement dated 06.07.2018. After execution

of the said contract, a final bill for a sum of

Rs.2,77,73,768/- 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 No.1, Mr. G.V.S. Kishore Kumar, learned

Standing Counsel appearing for the respondent Nos.2 to 4.

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.2,77,73,768/- 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.29127 OF 2022 DATE: 19.09.2022

Ash