M/S Raghuram Hume Pipes Pvt Limited vs The State Of Andhra Pradesh
2024 Latest Caselaw 7138 AP

Andhra Pradesh High Court - Amravati

M/S Raghuram Hume Pipes Pvt Limited vs The State Of Andhra Pradesh on 12 August, 2024

APHC010509412023
                     IN THE HIGH COURT OF ANDHRA PRADESH
                                   AT AMARAVATI                          [3329]
                            (Special Original Jurisdiction)

                   MONDAY ,THE TWELFTH DAY OF AUGUST
                     TWO THOUSAND AND TWENTY FOUR

                                  PRESENT

  THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                       WRIT PETITION NO: 26447/2023

Between:

M/s Raghuram Hume Pipes Pvt Limited                              ...PETITIONER

                                     AND

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

Counsel for the Petitioner:

1. P HEMACHANDRA

Counsel for the Respondent(S):

1. GP FOR FINANCE PLANNING

2. GP FOR IRRIGATION COMM AREA DEV

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.70,17,016/- 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, dated 08.11.2024

admitting about the claim of the writ petitioner. 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.

7. 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.70,17,016/- 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 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 or differential 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

12.08.2024 SP THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION NO: 26447/2023

12.08.2024

SP