Anne Lakshmana Rao vs The State Of Andhra Pradesh
2023 Latest Caselaw 6140 AP

Citation : 2023 Latest Caselaw 6140 AP
Judgement Date : 26 December, 2023

Andhra Pradesh High Court - Amravati

Anne Lakshmana Rao vs The State Of Andhra Pradesh on 26 December, 2023

     HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                   WRIT PETITION No.33191 of 2023

ORDER:

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

under various schemes in Krishna District. After execution of the

said contract, a final bill was prepared totalling to a sum of

Rs.9,76,663/- as per the sanctioned orders along with EMD, FSD,

GST and other security deposits. 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, Vijayawada, dated

23.12.2023. He would submit that soon after release of the BRO by

the Government, the bill will be cleared.

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

and after hearing the submissions of learned counsel for the

petitioner and the learned Government Pleader for Irrigation, this Writ

Petition is disposed of with the following directions:

a. the respondents are directed to release the amount of

Rs.9,76,663/- 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.

b. the respondents are directed to pay the EMD, FSD, GST and

other security deposits to the petitioner as per agreement

No.587NC/2017-18 dated 08.11.2017 within a period of four

(04) weeks from the date of receipt of a copy of this order. There

shall be no order as to costs.