Andhra Pradesh High Court - Amravati
M/S.Paidala.Thirupathi Reddy And ... vs The State Of Andhra Pradesh on 21 August, 2024
APHC010322482024
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: 16374/2024
Between:
M/s.paidala.thirupathi Reddy And Brothers ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. VENKAT CHALLA
Counsel for the Respondent(S):
1. GP FOR ROADS BUILDINGS
2. GP FOR FINANCE PLANNING
The Court made the following:
ORDER:
1. The petitioner had been awarded various contract works in Kurnool
District. After execution of the said contract, a final bill was prepared for a
sum of Rs.56,34,849/- 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 Roads and
Buildings while admitting about the claim of the petitioner placed on record
instructions received from Respondent No.3 / the Executive Engineer, R&B
Division, Nandyal, dated 01.08.2024. 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 bills 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
Government Pleader for the Respondents, this Writ Petition is disposed of
with a direction to the respondents to release amount of Rs.56,34,849/- 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, 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
21st August, 2024
Knr
HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
21.08.2024
W
KNR
