Lenka Parvathamma vs The State Of Andhra Pradesh
2023 Latest Caselaw 5752 AP

Andhra Pradesh High Court - Amravati

Lenka Parvathamma vs The State Of Andhra Pradesh on 1 December, 2023

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

              WRIT PETITION No.22012 of 2023

ORDER:

1. The petitioner had been awarded the contract of a work

under the scheme of "Neeru-Chettu" in Srikakulam District.

After execution of the said contract, a final bill was prepared for

a sum of Rs.4,95,409/- as per the sanctioned orders. 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. It is the contention of the petitioner that even though the

respondents admitted that the petitioner is entitled for payment

of the aforesaid sum 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.

3. 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.

4. Learned Government Pleader for Irrigation, on oral

instructions, submitted that the respondents admitted the bill

claimed by the petitioner. He would further submit that as the

budget was not released by the Government, bill was not paid to

the petitioner. Soon after release of the budget by the

Government, bill will be paid to the petitioner.

5. In view of the aforesaid directions of this Court in various

cases and after hearing the submissions of learned counsel for

the petitioner, learned Government Pleader for Irrigation this

Writ Petition is disposed of with a direction to the respondents to

release the amount of Rs.4,95,409/- to the petitioner, along with

the interest @ 6% per annum, in view of the judgment of the

Hon'ble Division Bench of this Court in Writ Appeal No.724 of

2021 and batch dated 12.10.2023, within a period of six (06)

weeks from the date of receipt of a copy of this order. It would

also be open to the petitioner to agitate his claim for higher rate

of interest, if any payable by the respondents, in an appropriate

forum. There shall be no order as to costs.

Consequently, Miscellaneous Petitions, if any, pending in

this Writ Petition shall stand closed.

_______________________________ VENKATESWARLU NIMMAGADDA, J

01.12.2023 VNS

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION No.22012 of 2023

01.12.2023 VNS