Bassa Srinivas vs State Of Andhra Pradesh,
2023 Latest Caselaw 4731 AP

     THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                   WRIT PETITION No.24336 of 2023

ORDER:

The petitioner company participated in the 'e' tender by

submitting the quotations for supply of the scientific equipment. The

tender of the petitioner was finalized. The 3rd respondent has placed

an order for varied types of laboratory and scientific equipment and

issued purchase order. The petitioner supplied the equipment and a

final bill was prepared for a sum of Rs.14,84,791/-. The 3rd

respondent has released part payment of Rs.3,05,520/- and the

respondents has to pay Rs.11,79,271/-. 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. The contention of the learned counsel for the petitioner is that

the respondents made payment of Rs.83,734/- and the remaining

due amount is Rs.10,95,540/-. It is further submitted 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 filed counter

stating that an amount of Rs.83,734/- has been paid to the

petitioner and the remaining due amount is Rs.10,95,540/-. It is

further submitted that proposals for release of the said amount has

been forwarded to the concerned authorities.

4. In view of the aforesaid directions of this Court in various

cases and after hearing the submissions of the learned counsel for

the petitioner and learned Government Pleader for the respondents,

this Writ Petition is disposed of with a direction to the respondents to

release the amount of Rs.10,95,540/- to the petitioner at the earliest,

and at any rate, within a period of six 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 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

Date: 06.10.2023 Note: C.C. by 09.10.2023 B/o.

TPS

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION No.24336 of 2023

Date: 06.10.2023 Note: C.C. by 09.10.2023 B/o.

TPS