Andhra Pradesh High Court - Amravati
"Writ Order Or Direction More ... vs Providing Virtual Class Rooms ... on 25 January, 2023
HON'BLE SRI JUSTICE K.SURESH REDDY
Writ Petition No.40851 of 2022
ORDER:-
This writ petition is filed seeking the following relief:-
"Writ Order or direction more particularly one in the
nature of Writ of Mandamus declaring the action of the
respondents in not paying the admitted bill amount of
Rs.12,35,241/- to the petitioner for construction of work i.e.,
Providing Virtual Class Rooms Studio in the premises of
A.P.Model School, Ayyappanagaram at Vizianagaram, vide
Proceedings in Rc.No.453/DSE/DC/Virtual Class Rooms/2018,
dated 28.03.2018, which was entrusted to the petitioner, is
illegal, arbitrary, and consequently direct the respondents to
make payment of admitted bill amount of Rs.12,35,241/- to the
petitioner forthwith along with interest @ 18% per annum"
2. The petitioner is the successful bidder in the Tender for the
work i.e., Providing Virtual Class Rooms Studio in the premises of
A.P.Model School, Ayyappanagaram at Vizianagaram, and the
respondents entrusted the said work to the petitioner, vide
Proceedings in Rc.No.453/DSE/DC/Virtual Class Rooms/2018, dated
28.03.2018. Accordingly, the petitioner has completed the said work
and submitted bills for release of payment of Rs.12,35,241/-, but the
respondents are not clearing the same. Even though, the petitioner
made number of representations for release of amount, no action has
been taken by them. Aggrieved by the same, the petitioner filed the
present writ petition.
3. Learned counsel for the petitioner submits that even though
respondents admitted that the petitioner is entitled for payment of
the aforesaid amount, no payment is being made and such non-
payment of money is clearly arbitrary and high-handed and thereby
requires interference by this court. He further submits that having
approved the bills with CFMS token numbers, non-payment of bill
amount is arbitrary and illegal.
4. On the other hand, the learned Standing Counsel appearing for
the 7th respondent filed counter-affidavit admitting the bills,
payment of admitted bill amount Rs.12,35,241/- to the petitioner.
She further stated that required funds are yet to be released from
the Commissioner of School Education and after receipt of the same,
they will be paid to the petitioner.
5. 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.
6. 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 7th respondent to pay admitted bill amount of
Rs.12,35,241/- 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 costs.
Miscellaneous Petitions, if any, pending in this writ petition
shall stand closed.
_______________
K.SURESH REDDY,J
25th day of January,2023.
RPD
HON'BLE SRI JUSTICE K. SURESH REDDY
WRIT PETITION No. 40851 of 2022
Dated: 25.01.2023.
RPD
