Andhra Pradesh High Court - Amravati
M/S. Tesma Constructions, vs State Of Andhra Pradesh on 19 August, 2024
APHC010308752024
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: 15598/2024
Between:
M/s. Tesma Constructions, and Others ...PETITIONER(S)
AND
State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner(S):
1. RAMBABU KOPPINEEDI
Counsel for the Respondent(S):
1. GP FOR ROADS BUILDINGS
2. GP FOR FINANCE PLANNING
The Court made the following:
ORDER:
1. The petitioners herein have been awarded various contract works in
Y.S.R. Kadapa District. After execution of the said contract, a final bill was
prepared for a sum of Rs.29,99,997/- as per the sanctioned orders. As the
payment of the said amount has not been made by the respondents, the
petitioners have approached this Court by way of this writ petition.
2. It is the contention of the petitioners that even though the respondents
admitted that the petitioners are entitled for payment of the aforesaid sum of
money, no payment is being made. The petitioners contend 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 the Respondents
while admitting about the claim of the petitioner placed on record instructions
received from the Executive Engineer (R&B), NH Division, Kadapa, dated
12.08.2024. He would submit that, since the budget was not released by the
Government, the bills were not paid to the petitioners. Soon after release of
the budget by the Government, the bills will be paid to the petitioners.
5. In view of the aforesaid directions of this Court in various cases and
after hearing the submissions of learned counsel for the petitioners and
learned Government Pleader for the Respondents, this Writ Petition is
disposed of with a direction to the Respondents to release amount of
Rs.29,99,997/- to the petitioners 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 months
from the date of receipt of a copy of this order. It would also be open to the
petitioners to agitate their 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
19.08.2024
Knr
HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
19.08.2024
W
KNR
