M/S.Khvv Prasad And Co., vs The State Of Andhra Pradesh
2022 Latest Caselaw 7332 AP

  IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

        THE HON'BLE SRI JUSTICE NINALA JAYASURYA

              WRIT PETITION No.28875 of 2022

Between:-

M/s.KHVV Prasad and Co.,
Rep.by Madala Srinivasa Rao                    ....    Petitioner

                                 And

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

Counsel for the Petitioner       : Mr.K.L.N.Swamy

Counsel for the Respondents : 1)Government Pleader for
                               Home
                               2) Government Pleader for
                                Finance & Planning
                               3) Mr.K.C.Venkata Reddy,
                               Standing Counsel for
                               A.P.State Police Housing
                               Corporation Limited.
ORDER:

The petitioner had been awarded the contract for the work

i.e., Formation of Internal C.C.Roads, Construction of Entrance

Arch, Watchman Quarters etc., in Smile Complex at

Visakhapatnam, under Agreement, dated 12.08.2020. After

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

Rs.16,19,569 /- to the 1st work, Rs.20,90,080/- to the 2nd work

and Rs.20,18,819/- to the 3 rd work, totalling to Rs.57,28,463/-,

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 Home, learned Government Pleader for

Finance and Planning and Mr.K.C.Venkata Reddy, 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.16,19,569/- for the 1 st

work, Rs.20,90,080/- for the 2nd work and Rs.20,18,819/- for the

3rd work to the petitioner, totalling to Rs.57,28,463/-, 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: 23.09.2022 BLV

THE HON'BLE SRI JUSTICE NINALA JAYASURYA

W.P.No.28875 of 2022

Date: 23.09.2022

BLV