Guntupalli Rambabu vs The State Of Ap
2024 Latest Caselaw 21 AP

Andhra Pradesh High Court - Amravati

Guntupalli Rambabu vs The State Of Ap on 2 January, 2024

         HONOURABLE SMT. JUSTICE V.SUJATHA

               WRIT PETITION No.32571 of 2023

ORDER:

The present Writ Petition came to be filed under Article

226 of the Constitution of India seeking the following relief:-

"... to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents in non-payment of final bill amounts due Rs.3,53,000/- even after finalizing the bills, payable to the petitioner after the successful completion of the execution of different works i.e. "1) Providing Aluminum Partitions and Air Conditioners to visitors waiting hall in the Vice Chancellor's Peshi of Administrative Office, Dr.YSRHU, Venkataramannagudem and 2) Construction of 3Nos. GI Roof Sheds for generators at International hostel (2Nos.) and Administrative Building (1No.) in the university campus of Dr.YSRHU, Venkataramannagudem at West Godavari District as illegal, arbitrary, unjust, unreasonable and unconstitutional being violative of Articles 14 and 21 of constitution of India and consequently direct the respondents to pay amounts due to petitioner in respect of execution of said works forthwith along with accrued interest....".

2. Heard learned counsel for the petitioner, learned

Government Pleader for Agriculture appearing for respondent

No.1 and Mr.Somagutta Harinath Reddy, learned Standing

Counsel appearing for respondents No.2 and 3.

3. Learned counsel for the petitioner submits that even

though respondents admitted that the petitioner are entitled

for payment of the aforesaid sum of money, no payment is

being made and such non-payment of money is clearly

arbitrary and high-handed and thereby requires interference

by this Court.

4. 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

needs to be cleared by the respondents at the earliest.

5. Learned Standing Counsel submits that the respondent

authorities are verifying the claims of the petitioner and would

be in a position to make payments only after such verification

is being completed.

6. In view of the aforesaid directions of this Court in

various cases and after hearing both sides, this Court is

inclined to dispose of the writ petition with a direction to the

respondents to complete the verification process within a

period of six (06) weeks from the date of receipt of a copy of

this order and thereafter to pay the amounts due to the

petitioner depending upon the outcome of the verification

within a period of eight (08) weeks.

7. With the above direction, the Writ Petition is disposed of.

No costs.

Miscellaneous petitions pending, if any, in this Writ

Petition shall stand closed.

_______________________ JUSTICE V.SUJATHA

Date : 02.01.2024 KGR

HONOURABLE SMT. JUSTICE V.SUJATHA

WRIT PETITION No.32571 of 2023

Date : 02.01.2024

KGR