A Niranjan Reddy And Co vs The State Of Ap
2024 Latest Caselaw 138 AP

Andhra Pradesh High Court - Amravati

A Niranjan Reddy And Co vs The State Of Ap on 3 January, 2024

     THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                   WRIT PETITION No.31811 of 2023

ORDER:

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

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

final bill was prepared for a sum of Rs.4,25,000/- 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, Nellore dated 27.12.2023. He would

submit that the LOC pertaining to the subject contract was not released

and after release of LOC, the bills will be uploaded in the CFMS

immediately. Soon after uploading of bills in CMFS, the bill amount 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.4,25,000/- 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.31811 of 2023 DATED 03.01.2024

KMS/SCH