Andhra Pradesh High Court - Amravati
Guri Prasad, vs State Of Andhra Pradesh on 26 September, 2022
HON'BLE SRI JUSTICE K.SURESH REDDY
W.P.No.27475 of 2022
ORDER:-
This writ petition is filed seeking the following relief:-
"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 i) Providing Amenities for Differently
Abled and Senior Citizens in Social Welfare Boys Hostel No.11 at
Seethammadhara of Visakhapatnam District through the Agreement
No.33/2020-21, dated 08/01/2021 for an amount of Rs.15,50,522/, ii)
1.Construction of Toilet Block to SWGH Bheemili and Repairs of
Toilet Block to SWBH at Bheemili, 2. Construction of new Toilet in
SWGH at Chittivalasa 3. Repairs Toilet Bath Rooms and Construction
of new toilet in SWGH at Bheemili through the Agreement No /2019-
20, dated.28/02/2020 for an amount of Rs 8,70,974/ iii) 1. Special
Repairs to Toilet and Bath Rooms and Construction of New Toilet in
SWGH at Pendurthi, 2.Construction of New Toilets in SWGH at
Sabbavaram through the Agreement No.07/2019-20, dated 25-12-2019
for an amount of Rs.9,14,354/- and iv) Minor Repairs to Government
B.C. Boys Hostel at Thanam Lankelapalem through the Agreement
No. /2018-19, dated. 21/06/2018 for an amount of Rs.7,18,822/-
totaling an amount of Rs.40,54,672/- as illegal, arbitrary and violative
of Articles.14 and 21 of Constitution of India and consequently direct
the respondent authorities to release Rs.40,54,672/- 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 various civil works by the
respondents, the details of which are mentioned in the above
writ prayer, and in that process an amount of Rs.40,54,672/-
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
