Nallamalapu Sudhakar Reddy vs The State Of Andhra Pradesh
2024 Latest Caselaw 6602 AP

Andhra Pradesh High Court - Amravati

Nallamalapu Sudhakar Reddy vs The State Of Andhra Pradesh on 1 August, 2024

APHC010491052022
                    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: 29970/2022

Between:

Nallamalapu Sudhakar Reddy                                ...PETITIONER

                                  AND

The State Of Andhra Pradesh and Others                ...RESPONDENT(S)

Counsel for the Petitioner:

  1. KAVITHA GOTTIPATI

Counsel for the Respondent(S):

  1. V R N PRASHANTH

  2. GP FOR INDUSTRIES COMMERCE

The Court made the following:
    THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
                WRIT PETITION NO: 29970/2022
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.6,85,343.24/- 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 filed counter-

affidavit of the 2nd respondent, wherein it is stated that the 2nd

respondent is awaiting for instructions of the Government and upon receiving necessary instructions, the 2nd respondent will take

necessary steps to settle the bills. In the report dated 13.10.2022, it

is prima facie found against the petitioner that the petitioner evaded

the payment of GST, which is statutory requirement and such

evasion would cause loss to public exchequer.

5. In view of the aforesaid directions of this Court in various

cases and after hearing the submissions of learned counsel for the

petitioner and the learned Government Pleader, this Writ Petition is

disposed of with a direction to the respondents to release the

amount of Rs.6,85,343.24/- 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 two(02) 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, 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.29970 of 2022

01.08.2024 TPS