Kakaturu Kota Reddy vs The State Of Ap
2023 Latest Caselaw 5686 AP

Andhra Pradesh High Court - Amravati

Kakaturu Kota Reddy vs The State Of Ap on 29 November, 2023

     THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                    WRIT PETITION No.6326 of 2023

ORDER:

1. The petitioner had been awarded various contract works under the

subject scheme in SPSR Nellore District. After execution of the said

contract, a final bill was prepared for the work executed under

Agreement No.78/DN/NC/2018-19 dated 23.06.2018 and

Agreement No.77/DN/NC/2018-19 dated 23.06.2018. 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, WRD, Nellore Central Division,

Nellore dated 28.11.2023. He would submit that, since the budget was not

released by the Government, the bills were not paid to the petitioner. Soon

after release of the budget by the Government, the bills will be paid to the

petitioner.

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 to the petitioner under

for the work done under Agreement No.78/DN/NC/2018-19 dated

23.06.2018 and Agreement No.77/DN/NC/2018-19 dated 23.06.2018,

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

29.11.2023

SP