Psr Constructions vs The State Of Andhra Pradesh
2023 Latest Caselaw 6224 AP

Andhra Pradesh High Court - Amravati

Psr Constructions vs The State Of Andhra Pradesh on 27 December, 2023

     HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA


                   WRIT PETITION No.31788 of 2023
ORDER:

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

the subject scheme in Prakasam District. After execution of the said

contract, a final bill was prepared for a sum of

Rs.6,44,902/- 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, Nandyal, dated

27.12.2023. He would submit that the budget is not released, bill

could not be made to the petitioner. Soon after the budget is released,

payments will be made 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.6,44,902/- 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 its 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 SCH/BSK

HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION No.31788 of 2023

27.12.2023 SCH/BSK