M.Vijaya Bhaskar Reddy vs The State Of Andhra Pradesh
2024 Latest Caselaw 263 AP

Andhra Pradesh High Court - Amravati

M.Vijaya Bhaskar Reddy vs The State Of Andhra Pradesh on 5 January, 2024

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                 WRIT PETITION No.13302 of 2023

ORDER:

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

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

final bill was prepared for a sum of Rs.5,51,185/- 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

05.01.2024. He would submit that LOC is not allotted to the said works,

after release of the LOC 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 of

Rs.5,51,185/- 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 Klk/rmd

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION No.13302 of 2023

05.01.2024 Klk/rmd