O Rama Chandra Reddy vs The State Of Andhra Pradesh
2024 Latest Caselaw 239 AP

Andhra Pradesh High Court - Amravati

O Rama Chandra Reddy vs The State Of Andhra Pradesh on 5 January, 2024

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

              WRIT PETITION No.17251 of 2023

ORDER:

1. The petitioner had been awarded the contract of work(s)

under the subject scheme in YSR Kadapa District. After execution

of the said contract, a final bill was prepared for a sum under

agreement Nos. 31 Silt/2017-18, 39 Silt/2017-18, 378 Silt/2017-

18, 408 Silt/2017-18 and 427 Silt/2017-18 of Rs.2,31,721/-,

Rs.2,35,950/-, Rs.2,32,902/- Rs.1,17,176/- and Rs.2,39,755/-

respectively 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, Kadapa, dated

05.01.2024. He would submit that budget is not released to the

said works, after release of the budget the bills will be submitted to

payment.

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 under agreement Nos. 31 Silt/2017-18, 39

Silt/2017-18, 378 Silt/2017-18, 408 Silt/2017-18 and 427

Silt/2017-18 of Rs.2,31,721/-,

Rs.2,35,950/-, Rs.2,32,902/- Rs.1,17,176/- and Rs.2,39,755/-

respectively 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

05.01.2024 R MD/ K L K

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION No.17251 of 2023

05.01.2024 RMD/KLK