N Sivarama Krishnaiah vs The State Of Andhra Pradesh,
2024 Latest Caselaw 419 AP

Citation : 2024 Latest Caselaw 419 AP
Judgement Date : 10 January, 2024

Andhra Pradesh High Court - Amravati

N Sivarama Krishnaiah vs The State Of Andhra Pradesh, on 10 January, 2024

     HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                   WRIT PETITION No.33743 of 2023

ORDER:

1. The petitioners have been awarded the contract of various

works under various schemes in YSR (Kadapa) District. After

execution of the said contract, final bill was prepared totalling to a

sum of Rs.19,74,896/- as per the sanctioned orders along with

earned money deposit, future security deposit and other security

deposits. 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 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 while admitting

about the claim of the petitioners placed on record the written

instructions dated 03.01.2024 received from the Executive Engineer

Kadapa. He would submit that due to lack of budget, the bill was not

paid to the petitioners. Soon after release of the budget, bill 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 and the learned Government Pleader, this Writ Petition is

disposed of with the following directions:

a. the respondents are directed to release the amount of

Rs.19,74,896/- 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 petitioners to agitate their claim for higher rate of interest, if

any payable by the respondents, in an appropriate forum.

b. the respondents are directed to pay the earnest money deposit,

future security deposit and other security deposits to the

petitioners as per the subject agreements within a period of four

(04) weeks from the date of payment of the final bill amount.