A. Krishnama Naidu, vs The State Of Andhra Pradesh,
2024 Latest Caselaw 424 AP

Andhra Pradesh High Court - Amravati

A. Krishnama Naidu, vs The State Of Andhra Pradesh, on 10 January, 2024

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                WRIT PETITION No.32018 of 2023

ORDER:

1. The petitioner had been awarded the contract of work(s) under the

subject scheme in YSR Kadapa District. After execution of the said

contract, a final bill was prepared for a sum of Rs.9,94,000/- and

Rs.7,90,000/- respectively 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, Madanapalli, dated

05.01.2024. He would submit that budget is not released to the said

works, after release of the budget the bills will be submitted to payment.

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.9,94,000/- and Rs.7,90,000/- respectively 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

10.01.2024 RMD/KLK

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION No.32018 of 2023

10.01.2024 RMD/KLK