Sri G Malyadri vs The State Of Andhra Pradesh
2024 Latest Caselaw 375 AP

Andhra Pradesh High Court - Amravati

Sri G Malyadri vs The State Of Andhra Pradesh on 9 January, 2024

     THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                  WRIT PETITION No.33178 of 2023

ORDER:

1. The petitioner had been awarded the contract of various works

under various schemes in SPSR Nellore District. After execution of the

said contract, a final bill was prepared for a sum of Rs.3,84,507/-, 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, Kavali, dated

26.12.2023. He would submit that due to lack of LOC, the bills were not

paid to the petitioner. Soon after release of LOC, bills 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.3,84,507/-, 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

09.01.2024 LSP

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION No.33178 of 2023

09.01.2024

LSP