Sunkara Satyanarayana vs State Of Andhra Pradesh
2022 Latest Caselaw 7253 AP

  IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

      THE HON'BLE SRI JUSTICE NINALA JAYASURYA

             WRIT PETITION No.29621 of 2022

Between:-

Sunkara Satyanarayana                      ....   Petitioner

                               And

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

Counsel for the Petitioner     : Mr.Rambabu Koppineedi

Counsel for the Respondents : 1)Government Pleader for
                              Finance & Planning

                                2) 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 the

works i.e., i) Repairs to Government B.C.College Girls Hostel at

V.Madugula Village and Mandal in Visakhapatnam District,

ii)Special Repairs to S.W.Girls & Boys Hostel at Govada,

Chodavaram(B) & Chodavaram(G), iii) Repairs to B.C.Girls Hostel

at Chodavaram and iv)Strengthening of Infrastructure facilities to

Z.P.H.School at V.R.R.Peta Village of Butchayyapeta Mandal in

Visakhapatnam under Agreement, dated 22.02.2018. After

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

Rs.2,08,970 /- to the 1st work, Rs.1,95,938/- to the 2nd work,

Rs.1,27,800/- to the 3rd work and Rs.12,70,165/- to the 4th work,

has been prepared on the basis of the Measurement Book

No.7938-A. 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 Finance and Planning and

Mr.G.V.S.Kishore Kumar, learned Standing Counsel appearing for

the 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.2,04,982/- for the 1 st

work, Rs.52,086/- for the 2nd work, Rs.1,16,040/- for the 3rd work

and Rs.12,70,165/- to the 4th work 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: 21.09.2022 BLV

THE HON'BLE SRI JUSTICE NINALA JAYASURYA

W.P.No.29621 of 2022

Date: 21.09.2022

BLV