M/S. Thirumala Constructions vs The State Of Andhra Pradesh
2024 Latest Caselaw 673 AP

Andhra Pradesh High Court - Amravati

M/S. Thirumala Constructions vs The State Of Andhra Pradesh on 24 January, 2024

         HONOURABLE SMT. JUSTICE V.SUJATHA

              WRIT PETITION No.17189 of 2023

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 order or direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondents in withholding the balance payment Rs.15,18,124/- (Rupees Fifteen Lakhs Eighteen thousand one hundred and twenty four Only) even after finalizing the bills, payable to the petitioner firm in relation to the work i.e., for the work construction of compound wall on college side of the campus in Sri Krishnadevaraya University Ananthapuram has been handed over and taken on 19.01.2018 is illegal, arbitrary and violation of Articles 14, 19 and 21 of Constitution of India and consequently direct the respondents to consider for payment Rs.15,18,124/- (Rupees Fifteen Lakhs Eighteen thousand one hundred and twenty four Only) of balance amount for the delayed amount to the petitioner firm in respect of execution of above mentioned work forthwith...."

2. Heard learned counsel for the petitioner, learned

Government Pleader for Higher Education appearing for

respondent No.1 and Mr.Karri Bassiah, learned Standing

Counsel appearing for respondents No.2 to 4.

3. Learned counsel for the petitioner submits that even

though respondents admitted that the petitioner is entitled for

payment of the aforesaid sum of money, 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. At the time of hearing, Mr.Karri Bassaiah, learned Standing

Counsel appearing for respondents No.2 to 4 admitted that

petitioners are entitled to the bill amount of Rs.15,18,124/- and

they shall pay the same to the petitioners.

5. 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.

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

cases and after hearing both sides, since the bill amount claimed

by the petitioner is an admitted bill, this Court feels it

appropriate to dispose of the writ petition directing the

respondents to release amount of Rs.15,18,124/- (Rupees Fifteen

lakhs eighteen thousand one hundred and twenty four only) to

the petitioner within a period of six (6) weeks from the date of

receipt of a copy of this order.

7. With the above direction, the Writ Petition is disposed of.

No costs.

Miscellaneous petitions pending, if any, in this Writ

Petition shall stand closed.

_______________________ JUSTICE V.SUJATHA

Date : 24.01.2024 KGR

HONOURABLE SMT. JUSTICE V.SUJATHA

WRIT PETITION No.17189 of 2023

Date : 24.01.2024

KGR