Sai Balaji Constructions vs The State Of Andhra Pradesh
2024 Latest Caselaw 7266 AP

Andhra Pradesh High Court - Amravati

Sai Balaji Constructions vs The State Of Andhra Pradesh on 19 August, 2024

APHC010105492024
                   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: 5614/2024

Between:

Sai Balaji Constructions                                        ...PETITIONER

                                     AND

The State Of Andhra Pradesh and Others                     ...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 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.10,65,036/- 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.10,65,036/- 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