Madapati Srinivasa Rao vs The State Of Andhra Pradesh
2024 Latest Caselaw 321 AP

Andhra Pradesh High Court - Amravati

Madapati Srinivasa Rao vs The State Of Andhra Pradesh on 8 January, 2024

 THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                 WRIT PETITION No.21628 of 2023

ORDER:

1. The petitioners had been awarded the contract of the works

under the subject scheme in N.T.R. District. After execution of the

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

Rs.22,35,713/- as per the sanctioned orders. As the payment of

the said amount has not been made by the respondents, the

petitioners have approached this Court by way of this writ

petition.

2. It is the contention of the petitioners that even though the

respondents admitted that the petitioners are entitled for payment

of the aforesaid sum of money, no payment is being made. The

petitioners contend 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, Special

Division, Vijayawada, dated 06.01.2024. He would submit that the

budget pertaining to the subject contract was not released and

after release of budget, the bills will be uploaded in the CFMS

portal. Soon after uploading of bills in the CFMS portal

immediately, the bill amount will be paid to the petitioners.

5. In view of the aforesaid directions of this Court in various

cases and after hearing the submissions of learned counsel for the

petitioners, learned Government Pleader for Irrigation this Writ

Petition is disposed of with a direction to the respondents to

release the amount of Rs.22,35,713/- to the petitioners, 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

08.01.2024 KPV/MJA

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION No.21628 of 2023

08.01.2024

KPV/MJA