M/S Sri Bhagavan Transport ... vs The State Of Andhra Pradesh
2023 Latest Caselaw 5508 AP

 THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                 WRIT PETITION No.31315 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 work i.e., Desilting of offtake sluice channel at km

10.245 on Thukanupudu Branch Channel of SPSR Nellore District,

vide Agreement No.157/DN/2020-21, dated 14.10.2020, 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 work i.e., Desilting of offtake sluice channel at km 10.245 on

Thukanupudu Branch Channel of SPSR Nellore District, vide

Agreement No.157/DN/2020-21, dated 14.10.2020, 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,

Nellore, dated 14.11.2023, stating that soon after release of LOC, the

bills will be submitted for payment.

4. In view of the above submissions, the respondents are directed

to clear the bill amounts of Rs.14,22,137/- 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.31315 of 2022

15.11.2023 TPS