M/S Maruthi Constructions, vs The State Of Andhra Pradesh
2024 Latest Caselaw 7551 AP

Andhra Pradesh High Court - Amravati

M/S Maruthi Constructions, vs The State Of Andhra Pradesh on 22 August, 2024

APHC010312632024
                   IN THE HIGH COURT OF ANDHRA PRADESH
                                 AT AMARAVATI                  [3329]
                          (Special Original Jurisdiction)

          THURSDAY ,THE TWENTY SECOND DAY OF AUGUST
                TWO THOUSAND AND TWENTY FOUR

                                PRESENT

  THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                     WRIT PETITION NO: 15891/2024

Between:

M/s Maruthi Constructions,                              ...PETITIONER

                                 AND

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

Counsel for the Petitioner:

   1. SURESH KUMAR REDDY KALAVA

Counsel for the Respondent(S):

   1. GP FOR ROADS BUILDINGS

   2. GP FOR FINANCE PLANNING

The Court made the following:
         HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                       WRIT PETITION NO: 15891/2024

ORDER:

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

subject scheme in Guntur District. After execution of the said contract, a final

bill was prepared for a sum of Rs.1,79,99,737/- 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 while admitting about

the claim of the petitioner placed on record instructions received from the

Executive Engineer, Guntur, dated 25.07.2024. He would submit that due to

insufficient funds payment was not made to the petitioner. Soon after release

of the funds, payment will be made 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, learned

Government Pleader this Writ Petition is disposed of with a direction to the

respondents to release the amount of Rs.1,79,99,737/- 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 six (06) months from the date of receipt of a

copy of this order. 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 22.08.2024 TPS

HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION No.15891 of 2024

22.08.2024 TPS