R Raja Reddy vs The State Of Ap
2023 Latest Caselaw 5354 AP

Citation : 2023 Latest Caselaw 5354 AP
Judgement Date : 7 November, 2023

Andhra Pradesh High Court - Amravati

R Raja Reddy vs The State Of Ap on 7 November, 2023

Bench: V.Sujatha

         HONOURABLE SMT. JUSTICE V.SUJATHA

              WRIT PETITION No.27606 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, order or direction more particularly one in the nature of a Writ of Mandamus or any other appropriate Writ, Direction or Order questioning the action of the respondents in not paying admitted bills an amount of Rs.13,70,000/- to the petitioner towards the work "Construction of new building at MPPS Kodikonda (Urdu), Chilamathur Mandal" under SSA funds as illegal and arbitrary and violative of India and consequentially direct the respondents to pay above said bills to petitioner herein forthwith and pass.......

2. Heard Sri P. Narahari Babu, learned counsel for the

petitioner, learned Government Pleader for School Education and

Ms. K. Sudha Rani, learned Standing Counsel for Samgra

Shiksha Abhiyan.

3. Learned counsel for the petitioner submits that even

though respondents admitted that the petitioner is entitled for

payment of the aforesaid sum of money, no payment is being

made and such non-payment of money is clearly arbitrary and

high-handed and thereby requires interference by 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 needs to be

cleared by the respondents at the earliest.

5. Today, when the matter came up for hearing, learned

Standing Counsel has produced a copy of the letter of the

Executive Engineer, wherein it is stated as under:

"Further it is submitted, vide reference 7th cited, the State Project Director, AP Samagra Shiksha, Vijayawada have been issued proceedings regarding release of payments towards the work "Construction of ACRS to 8 no.s of Urdu Schools in erstwhile Ananthapuramu District for an amount of Rs. 63,52,635.00 (Rupees Sixty Three Lakhs Fifty Two Thousands Six Hundred and Thirty Five Only) to the account of DPO Samagra Shiksha. Ananthapuramu District from spill budget Civil Works of AWP&B 2022-23 (Strengthening of Schools (upto Class VIII) Activity No.48-3/Additional Classrooms Under Elementary Education) but till today the amount was not adjusted to the District Project Office and the issue was not materialized.

Hence, I request to kindly appraise the factual position to the Hon'ble High Court of Andhra Pradesh and request to grant time for payment of work done amount Rs. 12,87,050.00 (Rupees Twelve Lakhs Eighty Seven Thousands Fifty Only) to R. RAJA REDDY Contractor Aged about 55 years R/o Kodikonda Village Chilamathur Mandal Sri Satya Sai District Erstwhile Ananthapur District."

6. Learned Standing Counsel has submitted that the amount

the amount was not adjusted to the District Project Office and

requested to appraise the factual position and to grant time for

payment for the work done by the petitioner herein.

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

cases and after hearing both sides, this Court is inclined to

dispose of the Writ Petition with a direction to the respondents to

complete the payment of admitted amount due to the petitioner

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.