Andhra Pradesh High Court - Amravati
M Jyotheeswar vs The State Of Ap And Others on 8 August, 2024
APHC010189522024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3329]
(Special Original Jurisdiction)
THURSDAY ,THE EIGHTH DAY OF AUGUST
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 10054/2024
Between:
M Jyotheeswar ...PETITIONER
AND
The State Of Ap and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. M M M SRINIVASA RAO
Counsel for the Respondent(S):
1. GP FOR FINANCE PLANNING
2. NARESH KUMAR GUNDAPU
3. GP FOR REVENUE
4. GP FOR SCHOOL EDUCATION
The Court made the following:
ORDER:
1. This writ petition is filed claiming the following relief:
"...to issue a Writ, order or direction more particularly in
the form of writ of Mandamus declaring the action on part of the
Respondents in not releasing the bill amount worth of
Rs.22,15,857/- towards construction of Skill Development
Center at Govt. ITI, Chittoor till today even after completion of
execution of works, in pursuance of the agreement with the
Respondent No.3 on 27.08.2022, as illegal, arbitrary, violative
of Articles 14 & 21 of Constitution of India and consequently
direct the Respondents to pay the amounts worth of
Rs.22,15,857/- with interest and pass such other order or
orders..."
2. It is the contention of the petitioner that even though the respondents
admitted that the petitioner is entitled for payment of Rs.22,15,857/-, 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 counsel for the Respondents while admitting
about the claim of the petitioner placed on record instructions received from
Respondent No.4 / the Executive Engineer (APEWIDC), Chittoor, dated
03.05.2024. 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.
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 learned
counsel for the Respondents, this Writ Petition is disposed of with a direction
to the respondents to release amount of Rs.22,15,857/- 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 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.
7. Consequently, Miscellaneous Petitions, if any, pending in this Writ
Petition shall stand closed.
________________________________
VENKATESWARLU NIMMAGADDA, J
08.08.2024
Knr
HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
08.08.2024
W
KNR
