The vs Unknown
2024 Latest Caselaw 126 AP

Andhra Pradesh High Court - Amravati

The vs Unknown on 3 January, 2024

     THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                    WRIT PETITION No.37389 of 2022

ORDER:

1. The petitioner had been awarded various contract works under the

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

said contract, a final bill was prepared for a sum of Rs.1,06,07,230/- 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 the written

instructions dated 03.01.2024 received from the Executive Engineer,

Kadapa. He would submit that since the budget was not released by the

Government, the bill was not paid to the petitioner. Soon after release of

the budget, the bill will be paid 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 Irrigation this Writ Petition is disposed of with a

direction to the respondents to release the amount of Rs.1,06,07,230/- 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

03.01.2024 KMS/SCH

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION No.37389 of 2022 DATED 03.01.2024

KMS/SCH