M/S R.R. Infra Works Pvt. Ltd. Formerly ... vs The State Of Andhra Pradesh,
2023 Latest Caselaw 6183 AP

Andhra Pradesh High Court - Amravati

M/S R.R. Infra Works Pvt. Ltd. Formerly ... vs The State Of Andhra Pradesh, on 27 December, 2023

     HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA


                WRIT PETITION No.27874 of 2023
ORDER:

1. The petitioners had been awarded the contract of work(s)

under the subject scheme in Chittoor District. After execution of

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

Rs.38,51,214/- as per the sanctioned orders. As the payment of

the said amount has not been made by the respondents, the

petitioners have approached this Court by way of this writ

petition.

2. It is the contention of the petitioners that even though the

respondents admitted that the petitioners are entitled for

payment of the aforesaid sum of money, no payment is being

made. The petitioners contended 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 petitioners

placed on record instructions received from the Executive

Engineer, Tirupati, dated 12.12.2023. He would submit that the

Bill not sent to PAO, bill could not be made to the petitioners.

Soon after processing the Bill, payments will be made to the

petitioners.

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

cases and after hearing the submissions of learned counsel for

the petitioners, learned Government Pleader for Irrigation this

Writ Petition is disposed of with a direction to the respondents to

release the amount of Rs.38,51,214/- to the petitioners, 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 petitioners to agitate their 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

27.12.2023 BSK/SCH

HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION No.27874 of 2023

27.12.2023 BSK/SCH