Andhra Pradesh High Court - Amravati
M/S Swamy Ads, vs The State Of Andhra Pradesh, on 1 August, 2024
APHC010213442024
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: 10860/2024
Between:
M/s Swamy Ads, ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. K V L NARASIMHA RAO
Counsel for the Respondent(S):
1. GP FOR FINANCE PLANNING
2. GP FOR SOCIAL WELFARE
The Court made the following:
THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 10860/2024
ORDER:
1. The petitioner had been awarded the contract of work(s) under
the subject scheme in East Godavari District. After execution of the
said contract, a final bill was prepared for a sum of
Rs.2,28,29,742/- 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
Rs.1,85,05,181/-, 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 placed on
record the written instructions received from the Joint Director,
Social Welfare, Amaravati, dated 01.08.2024 admitting an amount
of Rs.1,85,05,181/- payable to the petitioner. He further submits
that soon after release of the budget, payment will be made to the
petitioner.
5. In view of the aforesaid directions of this Court in various
cases and after hearing the submissions of learned counsel for the
petitioner, learned Government Pleader, this Writ Petition is
disposed of with a direction to the respondents to release the
amount of Rs.1,85,05,181/- 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 three (03) months 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 and due
amount, 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.10860 of 2024
01.08.2024
TPS
