Tirunadha Venkateswararao, vs The State Of Andhra Pradesh,
2024 Latest Caselaw 7490 AP

Andhra Pradesh High Court - Amravati

Tirunadha Venkateswararao, vs The State Of Andhra Pradesh, on 21 August, 2024

APHC010053382024
                       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: 3023/2024

Between:

Tirunadha Venkateswararao,                                       ...PETITIONER

                                      AND

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

Counsel for the Petitioner:

     1. DASARI S V V S V PRASAD

Counsel for the Respondent(S):

     1. E V JAGANNADHA RAO (SC FOR AP STATE HOUSEING COOP LTD)

     2. GP FOR HOUSING (AP)

The Court made the following:

ORDER:

1. The petitioner had been awarded the contract of work(s) in West

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

for a sum of Rs.19,77,754 /- 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 Rs.17,39,479/-, 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 counsel for the Respondents placed on

record the written instructions received from the Division Head Housing, A.P.

State Housing Corporation Ltd, Bhimavaram Division, West Godavari District,

dated 02.02.2024 admitting amount of Rs.17,39,479/- payable to the

petitioner. But, the subject bill was not uploaded for payment. Soon after

uploading of the bill, an amount of Rs.17,39,479/- 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 amount of Rs.17,39,479 /- 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 months 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 and due 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

21.08.2024 Knr HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

21.08.2024

W

KNR