Cheepurupalli Govinda, vs State Of Andhra Pradesh
2022 Latest Caselaw 7375 AP

       HON'BLE SRI JUSTICE K.SURESH REDDY

                      W.P.No.27493 of 2022

ORDER:-


      This writ petition is filed seeking the following relief:-

             "Pleased to issue a Writ, Order or Direction more particularly
      one in the nature of WRIT OF MANDAMUS or any other appropriate
      writ or direction declaring the action of the respondents in not

releasing the payments for the works i.e., Minor Repairs to Government BC Boys Hostel at Koruwada Village of Kotapadu Mandal in Visakhapatnam District through the Agreement No. 61/2018-19, dated.15/06/2018 for an amount of Rs.12,65,080/- as illegal, arbitrary and violative of Articles.14 and 21 of Constitution of India and consequently direct the respondent authorities to release Rs.12,65,080-/ with interest at 18% for the pending bills forthwith for the above said works executed by the petitioner."

2. The contention of the petitioner is that he was awarded

contract of execution of minor repairs to Government BC Boys

Hostel at Koruwada Village, Kotapadu Mandal, Visakhapatnam

District and in that process an amount of Rs.12,65,080/- has

to be paid to the petitioner. Further, it is the contention of the

petitioner that even though the respondents admitted that the

petitioner is entitled for payment of the aforesaid amount, 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.

3. The learned Standing Counsel for the 3rd respondent, on

written instructions, states that the writ petitioner claimed the

gross amount instead of net payable amount. As such, the

respondents are under obligation to pay only the net payable

amount. The learned counsel for the petitioner did not dispute

the above fact.

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 and 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 both sides, this writ petition is

disposed of with a direction to the respondents to release/pay

the net amount payable to the petitioner at the earliest, and

at any rate, within a period of eight(8) weeks from the date of

receipt of a copy of this order. However, it would be open to

the petitioner to agitate his claim for interest, if any payable

by the respondents, in an appropriate forum.

No order as to costs. Miscellaneous Petitions, if any,

pending in this writ petition shall stand closed.

_______________ K.SURESH REDDY,J 26-09-2022.

TSNR