B Venkataramana vs The State Of Andhra Pradesh,
2024 Latest Caselaw 328 AP

Andhra Pradesh High Court - Amravati

B Venkataramana vs The State Of Andhra Pradesh, on 8 January, 2024

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

               WRIT PETITION No.29991 OF 2023

ORDER:

The petitioner had been awarded the contract of works under

the 'Neeru-Chettu' scheme in Vizianagaram District. After execution

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

Rs.13,88,121/- 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

Rs.11,80,000/-, 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

placed on record the written instructions received from the

Executive Engineer, W.R.D., Vizianagaram Division, Vizianagaram,

dated 04.12.2023, admitting an amount of Rs.11,80,000/- payable to

the petitioner. But, the subject bill was not paid due to lack of

budget. Soon after release of budget from the Government, an

amount of Rs.11,80,000/- will be paid to the petitioner.

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.11,80,000/- 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 (6) weeks from the

date of receipt of a copy of this order. It would also be open to the

petitioner to agitate its claim for higher rate of interest and due

amount, 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.29991 of 2023

08.01.2024 KPV/MJA