K Jeevan Kumar vs The State Of Andhra Pradesh,
2024 Latest Caselaw 967 AP

Andhra Pradesh High Court - Amravati

K Jeevan Kumar vs The State Of Andhra Pradesh, on 5 February, 2024

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

               WRIT PETITION No.32588 of 2023

ORDER:

1. The petitioner had been awarded the contract of various

works under subject scheme in Kurnool District. After execution

of the said contract, final bills were prepared for a sum of

Rs.4,08,132/- 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 while admitting about the claim of the petitioner placed

on record instructions received from the Executive Engineer,

Nandyal, dated 03.02.2024, on perusal of which it would appear

that Verification Report awaited. Budget awaited.

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 Irrigation this Writ

Petition is disposed of with a direction to the respondents to

release the amount of Rs.4,08,132/- 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

February 5, 2024 PNS/KSJ

HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION No.32588 of 2023

05.02.2024

PNS/KSJ