"... To Issue A Writ Or Order vs Unknown
2023 Latest Caselaw 3615 AP

     THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                     WRIT PETITION No.682 OF 2023
ORDER:-

      The present Writ Petition is filed under Article 226 of the Constitution

of India, seeking the following relief:

             "... to issue a writ or order, order or direction more
     particularly one in the nature of Writ of Mandamus declaring the
     inaction of Respondents in clearing the funds regarding Contract

No.01/2018-19, under various CFMS bills numbering 2021- 1268987, 2022-282978 for Rs.25,08,864/-, 2021-2388561, 2022-283062 for Rs.10,51,980/- and 2021-1325199, 2022- 282980 for Rs.36,38,354/- totaling Rs.71,99,198/- for supplying silage to official respondents as per the four invoices issued by the official Respondents is bad, illegal, arbitrary, discriminatory, contrary and violation of principles of natural justice and consequently direct the Respondents to settle the payment of bills, an amount of Rs.71,99,198/- along with interest 24% p.a., to the petitioner and to pass such other order or orders ..."

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. In view of the aforesaid directions of this Court in various cases and

after hearing the submissions of the learned counsel for the petitioner,

learned Government Pleader for the Respondents, this Writ Petition is

disposed of with a direction to the respondents to release the amount of

Rs.71,99,198/- to the petitioner at the earliest, and at any rate, within a

period of six weeks from the date of receipt of a copy of this order. It would

also be open to the petitioner to agitate his claim for 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.

_____________________________________________ JUSTICE VENKATESWARLU NIMMAGADDA

21st July, 2023 KNR

HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION.No.682 of 2023

21st July, 2023

KNR.