Sanikommu Siva Reddy, vs The State Of Andhra Pradesh,
2023 Latest Caselaw 4420 AP

     THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                     WRIT PETITION No.6689 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 non-payment of bill amount of Rs.4,37,405/- due

for the last five years even after successful completion of work for "Neeru-Chettu- Revised estimate for Construction of Check Dam near Lothukuntavagu in Bollapalli RF, Comp No.30 in Naidupalaem Beat of Naidupalem Section in Vinukonda Range during the year 2018-19 under Neeru-Chettu Scheme" vide its Agmt.No.2/2018-19, dated 20.05.2018, DSO No.91/2017-18 dated 13.06.2017, under Neeru-Chettu Scheme in Naidupalem Section, Vinukonda Range, Guntur District, as is illegal, arbitrary and violative of Article 14, 21 and 300-A of the Constitution of India and also violative of principles of natural justice, and consequently direct the respondents to consider the payment of amount of Rs.4,37,405/- due to the petitioner in respect of execution of work forthwith interest of 24% 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 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 the Respondents, this Writ Petition is

disposed of with a direction to the respondents to release the amount of

Rs.4,37,405/- 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, 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.6689 of 2023

21st September, 2023

KNR.