Citation : 2023 Latest Caselaw 4131 AP
Judgement Date : 8 September, 2023
THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.6214 of 2023
ORDER:
The petitioner had been awarded the contract as per the
proceedings vide Rc.No.Engg/A4/782/16-17(1), dated 27.01.2017 of
the Secretary, Andhra Pradesh Residential Educational Institutions
Society. After execution of the said contract, a final bill was prepared
for a sum of Rs.24,55,483/-. 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. 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 School Education,
learned Government Pleader for Finance and Planning and learned
Standing Counsel appearing for the respondents, this Writ Petition is
disposed of with a direction to the respondents to release the amount
of Rs.24,55,483/- to the petitioner at the earliest, and at any rate,
within a period of four 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, Interlocutory Applications, if any, pending in
this Writ Petition shall stand closed.
______________________________________ VENKATESWARLU NIMMAGADDA, J
Date: 08.09.2023 JLV
THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.6214 of 2023
Date: 08.09.2023 JLV
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