Pappala Ramachandra Rao vs The State Of Andhra Pradesh
2023 Latest Caselaw 4931 AP

     THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                    WRIT PETITION No.21485 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 or any other appropriate writ
     or direction declaring the action of the respondents not releasing

the payments for the contract work executed by the petitioner for Renovation (to cover the RCC Roof) of the existing work shed to Sri Gowrishakra WCS at Tolapi the Agreement No.03/2017-18 dated 23.09.2017 for an amount of Rs.7,72,122/- and with 18% interest is illegal, arbitrary and contrary to law and violation of Article 14 of the Constitution of India and consequently direct the respondent authorities to release an amount of Rs.7,72,122/- with 18% per annum to the petitioner in respect of the execution of aforesaid works forthwith 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. Learned Standing Counsel for Samagra Sikhsha filed counter-affidavit

on behalf of Respondents, wherein it is stated that the final bill is recorded

by Executing Agency i.e. Engineering Wing of DPO, APSS, Srikakulam and a

letter is also addressed to the Assistant Director, Handlooms & Textiles,

Srikakulam with a request to release the payment authorized by the

Executive Engineer, APSS, Srikakulam in page No.30 of M-Book No.733-A

vide office letter in Lr.RC.No.511 B/SDP 2014-15/SSA/SKL, dated

17.03.2022, but, the payment is not released to the Contractor due to

paucity of funds.

5. 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 Standing Counsel 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.7,72,122/- 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.

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

shall be no order as to costs.

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

petition shall stand closed.

_____________________________________________ JUSTICE VENKATESWARLU NIMMAGADDA

12th October, 2023 KNR

HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION No.21485 of 2023

12th October, 2023

KNR