Citation : 2023 Latest Caselaw 5504 AP
Judgement Date : 15 November, 2023
THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.31918 of 2022
ORDER:
1. This writ petition under Article 226 of Constitution of India is
filed to issue writ of mandamus, declaring the action of respondents
in withholding payments of bill, payable to the petitioner in relation
to the execution of works under various agreements, as illegal,
arbitrary and contrary to the principles of natural justice.
2. It is the case of the petitioner that the petitioner has executed
the works under various agreements, the respondents having been
satisfied with the execution of works, prepared the bills, but the
amount was not paid, for different reasons.
3. During hearing, learned Government Pleader for Irrigation
placed on record, the instructions issued by the Executive Engineer,
Ananthapuram, dated 14.11.2023, stating that due to non-release of
the LOC to the required extent the bills were cancelled.
4. In view of the above submissions, the respondents are directed
to clear the bill amounts of Rs.19,29,267/-, Rs.16,33,855/-,
Rs.19,15,710/- and Rs.19,60,678/- 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, failing which the bill amounts
will carry interest @ 12% per annum, till the actual payment of the
amount to the petitioner.
5. With the above directions, the Writ Petition is disposed of,
without touching the merits, as to the maintainability of the writ
petition. There shall be no order as to costs.
6. Consequently, Miscellaneous Petitions, if any, pending in this
Writ Petition shall stand closed.
______________________________________ VENKATESWARLU NIMMAGADDA, J
15.11.2023 TPS
THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.31918 of 2022
15.11.2023 TPS
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