Veeramreddy Krishna Mohan Reddy vs The Andhra Pradesh State Police Housing ...
2024 Latest Caselaw 6600 AP

Andhra Pradesh High Court - Amravati

Veeramreddy Krishna Mohan Reddy vs The Andhra Pradesh State Police Housing ... on 1 August, 2024

APHC010298372024
                     IN THE HIGH COURT OF ANDHRA PRADESH
                                   AT AMARAVATI             [3329]
                            (Special Original Jurisdiction)


               THURSDAY ,THE FIRST DAY OF AUGUST
                TWO THOUSAND AND TWENTY FOUR

                                PRESENT

  THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                     WRIT PETITION NO: 15106/2024

Between:

Veeramreddy Krishna Mohan Reddy                          ...PETITIONER

                                  AND

The Andhra Pradesh State Police Housing Corporation   ...RESPONDENT(S)
and Others

Counsel for the Petitioner:

  1. D DORABABU

Counsel for the Respondent(S):

  1.

  2. GP FOR FINANCE PLANNING

The Court made the following:
      THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                        WRIT PETITION NO: 15106/2024

ORDER:

1. The petitioner had been awarded the contract of work(s) under the

subject scheme in Prakasam District. After execution of the said contract, a

final bill was prepared for a sum of Rs.1,07,478/- as per the sanctioned

orders. 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. On the other hand, learned Government Pleader would submit that the

concerned authority is not cooperating to state that the factual aspect with

regard to payment of the bill amount, as such, neither instructions could be

obtained nor counter affidavit is filed.

5. Hence, in the absence of filing any counter affidavit/written instructions

by the respondents, the right of the respondents to file counter affidavit is

forfeited and this Court is left with no other option, except to proceed further

without counter affidavit.

6. In view of the facts and circumstances submitted in the affidavit, and the

directions of this Court in various cases and after hearing the submissions of

learned counsel for the petitioner, this Writ Petition is disposed of with a

direction to the respondents to release an amount of Rs.1,07,478/- to the

petitioner, along with the interest @ 6% per annum, in view of the judgment of

the Hon'ble Division Bench of this Court in Writ Appeal No.724 of 2021 and

batch dated 12.10.2023, 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 higher rate of 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.

_______________________________ VENKATESWARLU NIMMAGADDA, J 01.08.2024 TPS

HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION No.15106 of 2024

01.08.2024 TPS