M/S Obuleswara Swamy Constructions, vs The State Of Andhra Pradesh,
2024 Latest Caselaw 7916 AP

Andhra Pradesh High Court - Amravati

M/S Obuleswara Swamy Constructions, vs The State Of Andhra Pradesh, on 30 August, 2024

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                WRIT PETITION No.12633 of 2024

 ORDER:

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

subject scheme in YSR Kadapa District. After execution of the said

contract, a final bill was prepared for a sum of Rs.33,20,243/- 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 Social Welfare

Department while admitting about the claim of the petitioner placed on

record instructions received from the Executive Engineer, Kadapa dated

30.08.2024. He would submit that budget is not released to the said

works, after release of the budget the bills will be submitted 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 for Social Welfare Department this Writ

Petition is disposed of with a direction to the respondents to release the

amount of Rs.33,20,243/- 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) weeks 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

30.08.2024 Klk

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION No.12633 of 2024

30.08.2024 Klk