Andhra Pradesh High Court - Amravati
Alok Enterprises vs The State Of Andhra Pradesh on 1 November, 2023
HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No.19836 of 2023
ORDER:
The present Writ Petition came to be filed under Article 226
of the Constitution of India seeking the following relief:-
"...to issue a writ or direction or order more particularly
one in the nature of writ of mandamus declaring the
action of with-holding the amount of Rs.60,68,000/-
(Rupees Sixty Lakhs and Sixty eight thousand Only)
from the year 2018-2019 for supply of the agriculture
machinery i.e., Honda Oil Engines by the petitioner firm
is illegal, arbitrary and violation of Article 14, 19, 21 &
300A of the Constitution of India and consequently
direct the respondents to pay the admitted amounts of
Rs.60,68,000/- (Rupees Sixty Lakhs and Sixty eight
thousand Only) with cumulative interest, and to pass
such other order or orders..."
2. The petitioner had been awarded the work pertaining
to supply of machinery to the beneficiaries/farmers as per the list
prepared by the competent authority as per the indent letter
dated 19.12.2018. After execution of the said work, a sum of
Rs.60,68,000/- was withheld with the respondents. 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.
3. 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.
4. 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.
5. On the other hand, as seen from the counter of the
4th respondent, it appears that an amount of Rs.12,67,380/- is
outstanding to be paid to the writ petitioner and it will be paid to
the petitioner soon after release of funds.
6. In view of the aforesaid directions of this Court in
various cases and after hearing the submissions of the learned
counsel for the petitioner and learned Government Pleader
appearing for the respondents, this Writ Petition is disposed of
with a direction to the respondents to release the admitted
amount of Rs.12,67,380/- to the petitioner as expeditiously as
possible, preferably 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 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 V.SUJATHA
Date : 01.11.2023
ARR
HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No.19836 of 2023
Date : 01.11.2023
ARR
