Pentala Venkateswarlu vs The State Of Andhra Pradesh
2024 Latest Caselaw 1026 AP

Andhra Pradesh High Court - Amravati

Pentala Venkateswarlu vs The State Of Andhra Pradesh on 7 February, 2024

     THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                   WRIT PETITION No.3225 of 2022

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.29,20,391/- 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. Hence, in the absence of filing any counter affidavit/written

instructions by the respondents, the right of the respondents to file

counter affidavit is forfeited and this Court is left with no other

option, except to proceed further without counter affidavit, despite

granting several adjournments to the respondents to file counter

affidavit/written instructions.

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 the amount of Rs.29,20,391/- 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

07.02.2024 PNS/PGT

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

08.12.2023 RMD