M/S Sai Balaji Constructions, vs The State Of Andhra Pradesh,
2024 Latest Caselaw 7487 AP

Citation : 2024 Latest Caselaw 7487 AP
Judgement Date : 21 August, 2024

Andhra Pradesh High Court - Amravati

M/S Sai Balaji Constructions, vs The State Of Andhra Pradesh, on 21 August, 2024

 APHC010105472024
                    IN THE HIGH COURT OF ANDHRA PRADESH
                                  AT AMARAVATI                         [3329]
                           (Special Original Jurisdiction)

            WEDNESDAY ,THE TWENTY FIRST DAY OF AUGUST
                 TWO THOUSAND AND TWENTY FOUR

                                  PRESENT

     THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                      WRIT PETITION NO: 5608/2024

Between:

M/s 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 REVENUE

     4. GP FOR HOUSING

The Court made the following:

ORDER:

1. The petitioner had been awarded various contract works in Guntur

District. After execution of the said contract, a final bill was prepared for a

sum of Rs.21,01,397/- 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, the learned Standing Counsel for A.P.State Housing

Corporation Limited (APSHCL) while admitting about the claim of the

petitioner placed on record instructions received from Respondent No.3 / the

Managing Director, APSHCL, Vijayawada dated 07.05.2024, wherein it is

stated that as per the Executive Engineer, Public Health Department, an

amount of Rs.18,99,752/- was paid to the contractor as against the value of

work done for an amount of Rs.21,01,397/- from the funds released by the

DHH, Guntur and requested to release the remaining balance of

Rs.2,01,645/-. It is further stated that the DHH, Guntur further requests the

Managing Director, APSHCL, Vijayawada for release of the balance amount to

facilitate payment to the 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 balance amount 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 the remaining balance amount of Rs.2,01,645/-

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 one month from the date

of receipt of a copy of this order.

6. 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.