Andhra Pradesh High Court - Amravati
P Hari Babu Reddy vs The State Of Andhra Pradesh on 18 January, 2023
Bench: K Suresh Reddy
HON'BLE SRI JUSTICE K.SURESH REDDY
W.P.No.42211 of 2022
ORDER:-
This writ petition is filed seeking the following relief:-
"Writ or direction declaring the action of the
Respondents not releasing the payment of net balance
amount Rs.25,59,590/- vide CFMS.No.2021-1126509, even
after finalizing the bills, payable to the petitioner in relation
to the works i.e., "Construction of Hostel Building for
Schedule Cast Students in Govt. Polytechnic at Nellore in
SPSR Nellore District, vide Agreement
No.103/CE/APEWIDC/VIJ/2017-18, dated 07.03.2018" is
questioned, as the same is illegal, arbitrary and consequently
direct the respondents to release the payment of amounts of
Rs.25,59,590/- vide CFMS No.2021-1126509 with interest
@24% per annum for the delayed amount to the petitioner in
respect of execution of above-mentioned work forthwith and
pass such other or further orders as the Hon'ble Court feels
deems fit and proper in the facts and circumstances of the
case".
2. The contention of the petitioner is that he was awarded
the contract works by the 5th respondent i.e., Construction of
Hostel Building for Scheduled Caste students in Government
Polytechnic at Nellore and in that process an amount of
Rs.25,59,590/- has to be paid by the respondents. Further, it
is the contention of the petitioner that even though the
respondents admitted that the petitioner is entitled for
payment of the aforesaid amount, 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. The learned Government Pleaders for Technical
Education and Finance and Planning have not disputed the
same and submit that payment/bills will be considered in due
course as and when funds made available.
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.25,59,590/- to the petitioner
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 petitioner to
agitate his/her/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
18-01-2023.
TSNR
