Kolla Jagannadha Rao vs The State Of Andhra Pradesh
2023 Latest Caselaw 5697 AP

Andhra Pradesh High Court - Amravati

Kolla Jagannadha Rao vs The State Of Andhra Pradesh on 29 November, 2023

 THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                WRIT PETITION No.23409 of 2022

ORDER:

1. The petitioner had been awarded the contract of the work

under the subject scheme in East Godavari District. After

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

of Rs.3,11,46,143/- 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, Godavari Head

Works Division, Dowlaiswaram, dated 03.11.2023. He would

submit that bill has been uploaded in the CFMS portal and the

same is 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.3,11,46,143/- 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 KPV/BSK

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION No.23409 of 2022

29.11.2023

KPV/BSK