Chandu Somayya, vs The State Of Andhra Pradesh,
2023 Latest Caselaw 5761 AP

Andhra Pradesh High Court - Amravati

Chandu Somayya, vs The State Of Andhra Pradesh, on 1 December, 2023

 THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                   WRIT PETITION No.31457 of 2022

ORDER:

1. The petitioner had been awarded the contract of various works

under various schemes in Guntur District. After execution of the said

contract, a final bill was prepared for a sum of Rs.35,92,295.20/- 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. On the other hand, learned Government Pleader for Irrigation

while admitting about the claim of the petitioner placed on record, the

counter of the 6th respondent. He would submit that due to non-release

of LOC from the Government, the bills were not paid to the petitioner.

Soon after release of LOC these bills will be submitted to the Pay &

Accounts Officer, Works & Accounts, Guntur for arranging payment.

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.35,92,295.20/- 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 LSP

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION No.31457 of 2022

01.12.2023

LSP