M/S Sreedhar Engineering Works, vs The State Of Andhra Pradesh,
2024 Latest Caselaw 576 AP

Andhra Pradesh High Court - Amravati

M/S Sreedhar Engineering Works, vs The State Of Andhra Pradesh, on 12 January, 2024

     THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                  WRIT PETITION No.31546 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 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, Nellore, dated

06.01.2024, wherein it is stated that due lack of LOC, bills will be 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.7,33,000/-, and Rs.14,57,000/- 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

12.01.2024 LSP

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION No.31546 of 2023

12.01.2024

LSP