Sree Jaya K Siva Rao Jv vs The State Of Andhra Pradesh
2023 Latest Caselaw 5865 AP

Andhra Pradesh High Court - Amravati

Sree Jaya K Siva Rao Jv vs The State Of Andhra Pradesh on 6 December, 2023

 THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                   WRIT PETITION No.32295 OF 2022

ORDER:

The petitioner had been awarded the contract of various works

under various schemes in Chittoor District. After execution of the

said contract, a final bill was prepared for a sum of Rs.4,63,77,219/-

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, Kuppam,

dated 27.11.2023. He would submit that an amount of

Rs.4,99,16,488.28/- was approved and as the bills were pending in

CFMS for fund clearance, 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.4,99,16,488.28/- 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.32295 of 2022

06.12.2023

MJA