M/S Spillway Enterprises, vs State Of Andhra Pradesh,
2024 Latest Caselaw 380 AP

Andhra Pradesh High Court - Amravati

M/S Spillway Enterprises, vs State Of Andhra Pradesh, on 9 January, 2024

     THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                   WRIT PETITION No.31640 of 2023

ORDER:

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

under subject scheme in West Godavari District. After execution of

the said contract, a final bills were prepared for a sum of

Rs.2,59,44,225/- 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 filed a counter by the

3rd respondent. He would submit that as due to lack of budget, bills

were not paid to the petitioner. Soon after release of budget by the

Government, 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.2,33,00,000/- 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 (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.31640 of 2023

09.01.2024

LSP