Tati Bullabbai vs The State Of Andhra Pradesh
2023 Latest Caselaw 5855 AP

Andhra Pradesh High Court - Amravati

Tati Bullabbai vs The State Of Andhra Pradesh on 6 December, 2023

 THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
                   WRIT PETITION No.8689 OF 2023

ORDER:

The petitioner had been awarded the contract of various works

under various schemes in East Godavari District. After execution of

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

Rs.2,51,304/- 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,

Rampachodavaram, dated 28.11.2023. He would submit that the bill

amount covered in the writ petition could not be uploaded in CFMS

due to non-availability of the GST particulars of the petitioner and

hence the bills were not paid. Soon after furnishing of the GST

particulars of the petitioner, 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 petitioner to furnish the GST

details to the respondents. Upon receipt of the required GST details,

the respondents are directed to release the amount of Rs.2,51,304/-

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

06.12.2023

MJA