K Krishna Prasad vs The State Of Andhra Pradesh
2023 Latest Caselaw 5471 AP

     HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA


               WRIT PETITION No.18274 of 2023
ORDER:

1. The petitioner had been awarded the contract of work(s)

under the subject scheme in Krishna District. After execution of

the said contract, a final bill was prepared for a sum of

Rs.40,72,811/- 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,

Amalapuram, dated 15.11.2023. He would submit that bills are

waiting for fund clearance.

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.40,72,811/- 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

15.11.2023 TPS

HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION No.18274 of 2023

15.11.2023 TPS