Sri Ch Konda Babu vs The State Of Andhra Pradesh,
2023 Latest Caselaw 5689 AP

Andhra Pradesh High Court - Amravati

Sri Ch Konda Babu vs The State Of Andhra Pradesh, on 29 November, 2023

     THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                    WRIT PETITION No.38697 of 2022

ORDER:

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

subject scheme in East Godavari District. After execution of the said

contract, a final bills were prepared for 12 bills vide Agreement

Nos.85/2018-2019, 261/2018-2019, 473/2018-2019, 543/2018-2019,

822/2016-2017, 136/2018-2019, 134/2018-2019, 135/2018-2019,

285/2018-2019, 924/2017-2018, 618/2018-2019 & 1415/2017-2018 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, Irrigation Division,

Narsipatnamdated 27.11.2023. 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 vide

Agreement Nos.85/2018-2019, 261/2018-2019, 473/2018-2019,

543/2018-2019, 822/2016-2017, 136/2018-2019, 134/2018-2019,

135/2018-2019, 285/2018-2019, 924/2017-2018, 618/2018-2019 &

1415/2017-2018 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

29.11.2023

SP