A Jayachandra Naidu, vs The State Of Andhra Pradesh,
2023 Latest Caselaw 5295 AP

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

              WRIT PETITION No.22629 of 2022

ORDER:

1. The petitioner had been awarded the contract of various

works under the scheme of "Neeru-Chettu" in Chittoor District.

After execution of the said contract, a final bill was prepared for

a sum of Rs.5,26,098/- as per the sanctioned orders. 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.

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. On the other hand, learned Government Pleader for

Irrigation while admitting about the claim of the petitioner placed

on record instructions received from the Executive Engineer,

Chittoor, dated 04.11.2023. He would submit that BRO was

released and the bill was uploaded in CFMS. Soon after release

of the budget, the bill will be paid to the petitioner.

5. In view of the aforesaid directions of this Court in various

cases and after hearing the submissions of learned counsel for

the petitioner, learned Government Pleader for Irrigation this

Writ Petition is disposed of with a direction to the respondents to

release the amount of Rs.5,26,098/- to the petitioner, along with

the interest @ 6% per annum, in view of the judgment of the

Hon'ble Division Bench of this Court in Writ Appeal No.724 of

2021 and batch dated 12.10.2023, 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 higher rate

of 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.

_______________________________ VENKATESWARLU NIMMAGADDA, J

04.11.2023 TPS

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION No.22629 of 2022

04.11.2023 TPS