I V S Narayana Raju vs The State Of Andhra Pradesh
2024 Latest Caselaw 651 AP

Andhra Pradesh High Court - Amravati

I V S Narayana Raju vs The State Of Andhra Pradesh on 23 January, 2024

         HONOURABLE SMT. JUSTICE V.SUJATHA

               WRIT PETITION No.725 of 2024

ORDER:

The present Writ Petition came to be filed under Article 226

of the Constitution of India seeking the following relief:-

"...to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the payment of net balance amount of Rs.44,38,358/- vide M Book No.260/A/2018-19 even after finalizing the bills payable to the petitioner in relation to the works i.e. Construction of New Rythu Bazar at Arilova under AMC Visakhapatnam in Visakhapatnam District vide Agreement No.97/2022-23 dated 19.07.2022 is questioned as the same is illegal, arbitrary and consequently direct the respondents to pay for payment of amounts of Rs.44,38,358/- vide M Book No 260/A/2018-19 with interest 24per per annum for the delayed amount to the petitioner in respect of execution of abovementioned work forthwith and pass......."

2. Heard Sri Bathala Ramesh, learned counsel for the

petitioner, learned Government Pleader for Agriculture and

learned Government Pleader for Finance and Planning.

3. Learned counsel for the petitioner submits that even

though respondents admitted that the petitioner is entitled for

payment of the amounts, no payment is being made and such

non-payment of money is clearly arbitrary and high-handed and

thereby requires interference by this Court.

4. 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 needs to be

cleared by the respondents at the earliest.

5. Learned Government Pleader has submitted a copy of the

instructions of the Executive Engineer, Agricultural Marketing,

Visakhapatnam dated 23.01.2024 wherein it is stated that the

work of Construction of New Rythu Bazar at Arilova,

Visakhapatnam was entrusted to the Contractor/petitioner

herein vide agreement dated 19.07.2022 of the Chief

Engineer(AM), Guntur for tender value of Rs.71,53,672.09/-. The

1st and part bill was approved in CFMS on 26.06.2023 vide bill

No.2023-667652 for an amount of Rs.47.34 lakhs, but, the bill

was not released and the same is pending due to waiting for fund

clearance.

6. In view of the aforesaid directions of this Court in various

cases and after hearing both sides, this Court is inclined to

dispose of the Writ Petition with a direction to the respondents to

complete the payment of Rs.44,38,358/- due to the petitioner

within a period of eight (8) weeks from the date of receipt of a

copy of this order.

7. In view of the same, the Writ Petition is disposed of. There

shall be no order as to costs.

As a sequel, miscellaneous applications pending, if any,

shall also stand closed.

_______________________ JUSTICE V.SUJATHA Date : 23.01.2024 GSS

HONOURABLE SMT. JUSTICE V.SUJATHA

Date : 23.01.2024

Gss