Sri Koviri Mark vs The State Of Ap
2024 Latest Caselaw 229 AP

Andhra Pradesh High Court - Amravati

Sri Koviri Mark vs The State Of Ap on 5 January, 2024

        HONOURABLE SMT. JUSTICE V.SUJATHA

              WRIT PETITION No.21793 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 particularly one in the nature of Writ of Mandamus declaring the action of the respondents Particularly the 3rd, 4th and 5th respondents not considering the representation dated 7.12.2022 as illegal, arbitrary while so the respondents in not Paying pending bills of an Amount Rs.44,14,503/- Lakhs in words (Forty Four Lakhs Fourteen thousand Five Hundred three Rupees) Payable to the Petitioner Pursuant to the tender Letter No.3001/J1/2017 DT. 6.12.2018 and the request vide reference cited in spite of the petitioner have made a representation/reminders as illegal, arbitrary, violation and contrary to the principles of natural justice and consequently direct the respondents to pay the pending bills of an Amount Rs.44,14,503/ Lakhs in words (Forty Four Lakhs Fourteen thousand Five Hundred three Rupees) forth with interest 24% from the date of due....".

2. Heard learned counsel for the petitioner, learned

Government Pleader for Finance & Planning appearing for

respondent No.1 and learned Government Pleader for

Fisheries appearing for respondents No.2 to 5.

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 Government Pleader for Fisheries 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 : 05.01.2024 KGR

HONOURABLE SMT. JUSTICE V.SUJATHA

WRIT PETITION No.21793 of 2023

Date : 05.01.2024

KGR