Shaik Rafi vs The State Of Andhra Pradesh
2023 Latest Caselaw 5223 AP

             HONOURABLE SMT. JUSTICE V.SUJATHA

                    WRIT PETITION No.18555 of 2023
ORDER:

The present Writ Petition came to be filed under Article 226

of the Constitution of India seeking the following relief:-

"...to issue a writ or direction or order more particularly one in the nature of writ of mandamus declaring the action of the respondents in not paying the bills raised by the Petitioner for the construction of Kitchen Shed under Sarva Shiksha Abhiyan Scheme (SSA) even after 3 years after completion of the work is illegal, arbitrary and unconstitutional and consequently direct the Respondent Authorities to pay the bills along with interest @t 12% per annum in the interest of justice and pass such other order or orders..."

2. The petitioner had been awarded the work pertaining

to construction of kitchen sheds at Aided Schools situated at

various villages, on nomination basis in the years 2017 and

2018. After execution of the said work, the petitioner has raised

balance bills for the said work in total amounting to

Rs.7,28,294/-. 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.

3. 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.

4. 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.

5. On the other hand, learned Government Pleader for

the respondents has placed on record the written instructions,

dated 06.10.2023, wherein it is stated that the office of the

Additional Project Coordinator has submitted a letter to the State

Project Director, Samagra Shiksha, Andhra Pradesh for payment

of an amount of Rs.7,17,000/- for the work done by the

petitioner.

6. 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

appearing for the respondents, this Writ Petition is disposed of

with a direction to the respondents to release the admitted

amount to the petitioner 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 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.

_______________________ JUSTICE V.SUJATHA Date : 31.10.2023 ARR

HONOURABLE SMT. JUSTICE V.SUJATHA

WRIT PETITION No.18555 of 2023

Date : 31.10.2023

ARR