M/S. Maschio Gaspardo India ... vs The State Of Andhra Pradesh
2023 Latest Caselaw 5438 AP

          THE HONOURABLE SMT. JUSTICE V.SUJATHA

               WRIT PETITION No.23768 of 2023

ORDER:

The Writ Petition is filed under Article 226 of the

Constitution of India seeking to issue an appropriate Writ Order

or direction more particularly one in the nature of Writ of

Mandamus declaring the action of the Respondents for not

taking any action for processing and releasing the admitted

amounts even though the petitioner firm supplied the

Rotovators and other equipment for a tune of Rs.19,79,379/-

(Rupees Nineteen Lakhs Seventy nine thousand three hundred

and seventy nine only) with interest is illegal arbitrary and

Article 14,19 and 21 of the constitution of India and

consequently direct the respondents for payment of amount Rs

19 79 379/- (Rupees Nineteen Lakhs Seventy nine thousand

three hundred and seventy nine only) forthwith with interest

within stipulated time and pass.

2. Heard Sri Dasari S.V.V.S.V. Prasad, learned counsel for the

petitioner and learned Government Pleader appearing for

respondents.

3. Learned counsel for the petitioner submits that even though

respondents admitted that the petitioner are 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. He

further submits that having approved the bills with CFMS token

numbers, non-payment of bill amount is arbitrary and illegal.

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. Learned Government Pleader submits that the respondent

authorities are verifying the claims of the petitioners and would

be in a position to make payments only after such verification is

being completed.

6. 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 verification process within a period of six (06)

weeks from the date of receipt of a copy of this order and

thereafter to pay the amounts due to the petitioners depending

upon the outcome of the verification within a period of eight (08)

weeks. It would also be open to 3 the petitioners to agitate their

claim for interest, if any, payable by the respondents in an

appropriate forum.

7. In view of the same, the Writ Petition is disposed of. No costs.

Miscellaneous petitions pending, if any, in this writ

petition shall stand closed.

________________________ JUSTICE V.SUJATHA Date: 10.11.2023 SRT

THE HONOURABLE SMT.JUSTICE V.SUJATHA

(Disposed of)

WRIT PETITION No.26768 of 2023

Date: 10.11.2023

SRT