M/S. Tirumala Constructions vs The State Of Andhra Pradesh
2024 Latest Caselaw 683 AP

Andhra Pradesh High Court - Amravati

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

 THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                   WRIT PETITION No.9249 of 2023

ORDER:

1. The petitioner had been awarded the contract of works under

the subject scheme in East Godavari District. After execution of

the said contract, final bills were prepared for sum of

Rs.39,73,610/- and Rs.32,79,488/- as per the sanctioned orders.

As the payment of the said amounts 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, Godavari Head

Works Division, Dowlaiswaram, dated 24.01.2024. He would

submit that the bills are uploaded in the CFMS portal and are

waiting for fund clearance.

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 amounts of Rs.39,73,610/- and Rs.32,79,488/- 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

24.01.2024 KPV/MJA

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

24.01.2024

KPV/MJA