M/S. Medispec India Ltd., vs The State Of Andhra Pradesh
2023 Latest Caselaw 4416 AP

     THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                    WRIT PETITION No.21351 OF 2023
ORDER:-

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

of India, seeking the following relief:

             "... to issue an order, writ or direction more particularly one
     in the nature of Writ of Mandamus declaring the action of the
     respondents, in withholding the payment of Rs.32,42,920/- even

after finalizing the bills, payable to the petitioner in relation to the work i.e. for the supplying and installation of the equipment of Sri Venkateswara Veterinary Sciences, Tirupati, has been handed over and taken on 21.09.2021 is illegal, arbitrary and violation of Articles 14, 19 and 21 of Constitution of India and consequently direct the respondents to consider for payment of Rs.32,42,920/- amount for the delayed amount to the petitioner firm in respect of execution of above mentioned work forthwith and 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 requiring the

interference of this Court.

3. Learned counsel for the Respondents submitted the written

instructions dated 21.09.2023, issued by Respondent No.4, wherein it is

stated that the University vide letter dated 19.09.2023 had requested the

Government to sanction and release the funds to enable them to upload the

bills in CFMS portal for the year 2023-2024. It is also further stated that

the University is making efforts for restoration of funds under RKVY and

once the funds are restored, payment to the firm will be made.

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. 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 counsel for the Respondents, this Writ Petition is disposed of with a

direction to the respondents to release the amount of Rs.32,42,920/- 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.

_____________________________________________ JUSTICE VENKATESWARLU NIMMAGADDA

21st Septemeber, 2023 KNR

HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION No.21351 of 2023

21st September, 2023

KNR.