Thanakala Nageswara Rao, vs The State Of Andhra Pradesh
2023 Latest Caselaw 18 AP

       HON'BLE SRI JUSTICE K.SURESH REDDY

                     W.P.No.14123 of 2017

ORDER:-


      This writ petition is filed seeking the following relief:-

             "to issue a Writ, order or direction, especially one
      in the nature of Writ of Mandamus, declaring the action
      of the respondents, in not paying the balance amount

due to the petitioners for the various works executed by them as per the agreement Dt. 22-2-2013 entered between the petitioners and the 4th respondent, is illegal, arbitrary, and consequently direct the respondents to pay the balance amounts due to the petitioner expeditiously and pass such order or other order or orders as are deemed fit and proper."

2. The contention of the petitioners is that they were

awarded the contract works by the 4th respondent i.e.,

repairing of the Breaches that occurred to the flood banks,

canals and irrigation tanks etc., in Godavari Districts and in

that process an amount of Rs.6,64,00,000/- has to be paid by

the respondents. Further, it is the contention of the

petitioners that even though the respondents admitted that

the petitioners are entitled for payment of the aforesaid

amount, no payment is being made. The petitioners contend

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. The learned Government Pleader for Irrigation and

Command Area Development has filed a counter-affidavit

contending inter alia that a letter was addressed to the

Superintending Engineer, Irrigation Circle, Dowlaiswaram, on

19-12-2022 to release the LOC to avoid further legal

complications and that the payment will be made to the

petitioners preferably within a period of three(3) months.

5. In view of the aforesaid directions of this court in

various cases and after hearing both sides, this writ petition is

disposed of with a direction to the respondents to pay the

pending bill amount i.e., Rs.6,64,00,000/- to the petitioners

within a period of eight(8) 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 interest, if any payable by the

respondents, in an appropriate forum.

No order as to costs. Miscellaneous Petitions, if any,

pending in this writ petition shall stand closed.

_______________ K.SURESH REDDY,J 02-01-2023.

TSNR