M/S. Ptr Brothers Projects vs The State Of Andhra Pradesh,
2024 Latest Caselaw 7658 AP

Andhra Pradesh High Court - Amravati

M/S. Ptr Brothers Projects vs The State Of Andhra Pradesh, on 23 August, 2024

APHC010192912024
                   IN THE HIGH COURT OF ANDHRA PRADESH
                                 AT AMARAVATI                            [3329]
                          (Special Original Jurisdiction)

               FRIDAY ,THE TWENTY THIRD DAY OF AUGUST
                   TWO THOUSAND AND TWENTY FOUR

                                  PRESENT

  THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                       WRIT PETITION NO: 9707/2024

Between:

M/s. Ptr Brothers Projects                                       ...PETITIONER

                                     AND

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

Counsel for the Petitioner:

1. MEKALA ANUSHA

Counsel for the Respondent(S):

1. GP FOR ROADS BUILDINGS

2. GP FOR FINANCE PLANNING

The Court made the following:

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

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

bill was prepared for a sum of Rs.4,59,82,256/- 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 Irrigation would

submit that the concerned authority is not cooperating to state that the factual

aspect with regard to payment of the bill amount, as such, neither instructions

could be obtained nor counter affidavit is filed.

5. On the other hand, Counter affidavit has been filed by Respondent No.3

while admitting about the net amount of the petitioner to the tune of

Rs.4,59,82,256/. Based upon the counter, learned Government Pleader 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 for Rs.4,45,15,015/-.

6. In view of the facts and circumstances submitted in the affidavit, and the

directions of this Court in various cases and after hearing the submissions of

learned counsel for the petitioner, this Writ Petition is disposed of with a direction to the respondents to release net amount of Rs. 4,45,15,015/- 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, since it is settled law that, where the delay is caused

by the respondents without there being any dispute, the respondents are liable

for payment of interest @ 6% per annum 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 or differential claim

amount, 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

23.08.2024

SP