Andhra Pradesh High Court - Amravati
Sri Maruthi Constructions vs The State Of Andhra Pradesh on 22 August, 2024
APHC010330422024
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: 16835/2024
Between:
Sri Maruthi Constructions ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. ANNAMNEEDI BALAKRISHNA
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: 16835/2024
ORDER:
1. The petitioner had been awarded the contract of work(s) under the
subject scheme in Dr.B.R.Ambedkar Konaseema District. After execution of
the said contract, a final bill was prepared for a sum of Rs.1,38,37,067/- 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, Bhimavaram, dated 01.08.2024. 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.1,38,37,067/- 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 four (04) 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.16835 of 2024
22.08.2024
TPS
