G Sridhar Gopala Krishna vs The Gov Of Andhra Pradesh
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Andhra Pradesh High Court - Amravati

G Sridhar Gopala Krishna vs The Gov Of Andhra Pradesh on 24 January, 2024

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA


               WRIT PETITION No.946 of 2023
ORDER:

1. The petitioner had been awarded the contract of work

under the subject scheme in Krishna District. After execution of

the said contract, a final bill was prepared for a sum of

Rs.24,95,487/- 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 Rs.21,37,887/-, 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 placed on record the written instructions received from

the Executive Engineer, W.R.D., K.C. Division, Vijayawada, dated

22.12.2023, admitting an amount of Rs.21,37,887/- payable to

the petitioner. But, the subject bill was not uploaded for payment

due to want of LOC. Soon after uploading of the bill, an amount

of Rs.21,37,887/- 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.21,37,887/- 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 ten (10)

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 and due amount, 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

24.01.2024 KPV/MJA

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

24.01.2024 KPV/MJA