D Venkateswara Raju vs The State Of Andhra Pradesh
2024 Latest Caselaw 7494 AP

Andhra Pradesh High Court - Amravati

D Venkateswara Raju vs The State Of Andhra Pradesh on 21 August, 2024

APHC010119482024
                   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: 6362/2024

Between:

D Venkateswara Raju                                             ...PETITIONER

                                     AND

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

Counsel for the Petitioner:

     1. GANGISETTY RAJESWARA RAO

Counsel for the Respondent(S):

     1. GP FOR

     2. GP FOR MED HEALTH AND FAMILY WELFARE

     3. GP FOR ROADS BUILDINGS (AP)

     4. VENKATA REDDY CHITTEM (SC FOR APMSIDC)

The Court made the following:

ORDER:

1. The petitioner had been awarded various contract works Krishna

District. After execution of the said contracts, final bills were prepared for a

sum total of Rs.1,06,28,356/- 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, Counter affidavit has been filed by Respondent No.6

while admitting about the claim of 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 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 the amount of Rs.1,06,28,356/-

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 three 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.

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

21st August, 2024

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