Andhra Pradesh High Court - Amravati
S Anil vs The State Of Andhra Pradesh on 5 August, 2024
APHC010332542024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3329]
(Special Original Jurisdiction)
WEDNESDAY ,THE SEVENTH DAY OF AUGUST
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 16858/2024
Between:
S Anil ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. BATHALA RAMESH
Counsel for the Respondent(S):
1. GP FOR EDUCATION
2. GP FOR FINANCE PLANNING
The Court made the following:
THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 16858 of 2024
ORDER
1. The petitioner had been awarded the contract of work(s) under
the subject scheme in Guntur District. After execution of the said
contract, a final bill was prepared for a sum of Rs.28,40,277/- 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 while
admitting about the claim of the petitioner placed on record
instructions received from the Executive Engineer, APEWIDC,
Krishna, Machilipatnam. He would submit that soon after receipt of
the funds, 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 and the learned Government Pleader, this Writ Petition is
disposed of with a direction to respondent Nos.1 to 4 to release the
amount of Rs.28,40,277/- 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(2) 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
05.08.2024
TPS
HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 16858 of 2024
05.08.2024
TPS
