The K P Constructions vs The State Of Andhra Pradesh
2023 Latest Caselaw 4929 AP

     THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                    WRIT PETITION No.21832 OF 2023
ORDER:-

      The present Writ Petition is filed under Article 226 of the Constitution

of India, seeking the following relief:

             "... to issue a writ, order or direction more particularly

     one in the nature of Writ of Mandamus declaring the action of the

     respondents     particularly   the   3rd   and   5th   respondents   not

considering the representation dated 07.12.2022 as illegal,

arbitrary while so the respondents in not paying pending bills

amount of Rs.47,54,152/- payable to the petitioner pursuant to

the tender Letter No.3001/JI/2017 dated 06.12.2018 and the

request vide reference cited in spite of the petitioner have made a

representation/reminders as illegal, arbitrary, violation and

contrary to the principles of natural justice and consequently

direct the respondents to pay the pending bills amount of the

Rs.47,54,152/- with interest @ 24% from the date of due and to

pass such other order or orders ..."

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 action on part of the

respondents which requires the interference of this Court.

3. In similar circumstances, this Court, in various orders, directed for

payment of admitted amounts particularly in a 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 admitted dues is arbitrary and

illegal. As such all such dues need to be cleared by the respondents at the

earliest.

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,

learned Government Pleader for the Respondents, this Court is of the

considered opinion that this Writ Petition can be disposed of with a direction

to the respondents to release the amount of Rs.47,54,152/- 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.

5. With the above said direction, the Writ Petition is disposed of. There

shall be no order as to costs.

6. Consequently, Miscellaneous Petitions, if any, pending in the writ

petition shall stand closed.

_____________________________________________ JUSTICE VENKATESWARLU NIMMAGADDA

12th October, 2023 SP

HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION No.21832 of 2023

12th October, 2023

SP