Sri Kodali Sarat Kumar vs The Government Of Andhra Pradesh,
2024 Latest Caselaw 688 AP

Andhra Pradesh High Court - Amravati

Sri Kodali Sarat Kumar vs The Government Of Andhra Pradesh, on 24 January, 2024

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA


              WRIT PETITION No.37030 of 2022
ORDER:

1. The petitioner had been awarded the contract of work

under the subject scheme in Prakasam District. After execution

of the said contract, final bill and ASD amount were prepared for

sum of Rs.7,76,525/- and Rs.43,517/- respectively 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 Rs.6,02,999/-, 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, Drainage Division, Chirala, dated

03.01.2024, admitting an amount of Rs.6,02,999/- payable to

the petitioner. But, the subject bill was uploaded for payment

and the same is 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 an amount of Rs.6,02,999/- 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

WRIT PETITION No.37030 of 2022

24.01.2024 KPV/MJA