Andhra Pradesh High Court - Amravati
M/S Sai Balaji Constructions, vs The State Of Andhra Pradesh, on 19 August, 2024
APHC010105592024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3329]
(Special Original Jurisdiction)
MONDAY ,THE NINETEENTH DAY OF AUGUST
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 5611/2024
Between:
1. M/S SAI BALAJI CONSTRUCTIONS,, REP. BY ITS MANAGING
PARTNER M SATISH REDDY, S/O. LAKSHMI NARAYANA REDDY,
AGED ABOUT 51 YEARS, OCC CONTRACTOR, R/O. FLAT NO.401
AND 402, SAI BALAJI CASTLE, TEKKEMITTA, NELLORE DISTRICT.
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY, DEPARTMENT OF HOUSING DEPARTMENT,
SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR
DISTRICT.
2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY, DEPARTMENT OF FINANCE AND PLANNING,
SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR
DISTRICT.
3. THE MANAGING DIRECTOR, AP STATE HOUSING CORPORATION
LIMITED, HEAD OFFICE, PLOTS NO. 11 SS 12, BEHIND FIRE
STATION, NIRMAAN BHAVAN, AUTO NAGAR, VIJAYAWADA -
520007.
4. THE DISTRICT COLLECTOR, GUNTUR, GUNTUR DISTRICT.
2
5. THE PROJECT DIRECTOR, AP STATE HOUSING CORPORATION
LIMITED, NEAR ZP ROAD, GUNTUR, GUNTUR DISTRICT.
6. THE EXECUTIVE ENGINEER, PUBLIC HEALTH DIVISION, GUNTUR,
GUNTUR DISTRICT.
...RESPONDENT(S):
Counsel for the Petitioner:
1. SREENIVAS CHALLA
Counsel for the Respondent(S):
1. E V JAGANNADHA RAO (SC FOR AP STATE HOUSEING COOP LTD)
2. GP FOR FINANCE PLANNING
3. GP FOR REVENUE
4. GP FOR HOUSING
The Court made the following:
ORDER:
1. The petitioner has been awarded the contract of work(s) under the
subject scheme in Guntur District. After execution of the said contract, final
bill was prepared for a sum of Rs.17,30,950/- 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 placed on
record the written instructions dated 07.05.2024 issued by the respondents,
wherein, it is stated that due to lack budget, the bill was not paid to the
petitioner. Soon after release of the budget, the bill amount due to the
petitioner 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, learned
Government Pleader for Irrigation this Writ Petition is disposed of with a
direction to the respondents to release the amount of Rs. 17,30,950/- 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
19.08.2024
VTS
