M Jamalayya vs The State Of Ap
2023 Latest Caselaw 5302 AP

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

              WRIT PETITION No.11643 of 2023

ORDER:

1. The petitioner had been awarded the contract of various

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

execution of the said contract, a final bills were prepared for a

sum of Rs.4,10,299/- and Rs.3,19,120/- as per the sanctioned

orders. As the payment of the said amounts 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 sums 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 Assistant Executive

Engineer, Mylavaram, dated 11.07.2023. He would submit that

the details of the subject works in C2 proforma was send to the

Head Office for approval of payment. Soon after release of BRO,

bills 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.4,10,299/- and Rs.3,19,120/- 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.11643 of 2023

04.11.2023 TPS