M Deva Dheeraj Reddy vs The State Of Andhra Pradesh
2023 Latest Caselaw 5848 AP

Andhra Pradesh High Court - Amravati

M Deva Dheeraj Reddy vs The State Of Andhra Pradesh on 6 December, 2023

 THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                   WRIT PETITION No.29926 OF 2023

ORDER:

The petitioner had been awarded the contract of various works

under various schemes in SPSR Nellore District. After execution of

the said contract, a final bill was prepared for a sum of

Rs.7,97,903/- 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 instructions received from the Executive Engineer, Nellore,

dated 20.11.2023. He would submit that as LOC is not allotted to the

above said works, bills were not paid. Soon after release of funds by

the Government, bills 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.7,97,903/- 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

06.12.2023 MJA

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION No.29926 of 2023

06.12.2023

MJA