Andhra Pradesh High Court - Amravati
R Gangaiah And Co vs The State Of Andhra Pradesh, on 6 August, 2024
APHC010227152024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3329]
(Special Original Jurisdiction)
TUESDAY ,THE SIXTH DAY OF AUGUST
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 11483/2024
Between:
R Gangaiah And Co ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. SARASWATHI PEETHALA
Counsel for the Respondent(S):
1. GP FOR FINANCE PLANNING
2. GP FOR HIGHER EDUCATION
The Court made the following:
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.1,96,75,513/- 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 for Irrigation
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. On the other hand, learned Government Pleader for Irrigation
placed on record instructions received from the Executive Engineer,
APEWIDC, Guntur, while admitting about the claim of the petitioner
for an amount of Rs.1,96,75,513/-. He would submit that, since the
budget was not released by the Government, the bills were not paid to
the petitioner. Soon after release of the budget by the Government, the
bills will be paid to the petitioner.
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 the amount
of Rs.1,96,75,513/- 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) months 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
06.08.2024
SP
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 11483/2024
06.08.2024
SP
