M/S Mitra Engineering Constructions vs The State Of Andhra Pradesh,
2024 Latest Caselaw 627 AP

Andhra Pradesh High Court - Amravati

M/S Mitra Engineering Constructions vs The State Of Andhra Pradesh, on 22 January, 2024

     THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                    WRIT PETITION No.16067 of 2023

ORDER:

1. The petitioner had been awarded various contract works in Guntur

District. After execution of the said contracts, final bills were prepared for

first and part bill net amount of Rs.2,03,32,873/- 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, Counter affidavit has been filed by Respondent

No.6 while admitting about the claim of the petitioner. He would submit

that, since the budget/LOC was not released by the Government, the bills

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

the Government, the 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.2,03,32,873/- 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

22.01.2024 Knr