M/S. Devan Infra Private Limited vs The State Of Andhra Pradesh
2024 Latest Caselaw 84 AP

Andhra Pradesh High Court - Amravati

M/S. Devan Infra Private Limited vs The State Of Andhra Pradesh on 3 January, 2024

     HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA


                   WRIT PETITION No.2676 of 2023
ORDER:

1. The petitioners have been awarded the contract of work(s)

under the subject scheme in SPSR Nellore District. After execution of

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

Rs.16,38,539/- as per the sanctioned orders. As the payment of the

said amount has not been made by the respondents, the petitioners

have approached this Court by way of this writ petition.

2. It is the contention of the petitioners that even though the

respondents admitted that the petitioners are entitled for payment of

the aforesaid sum of money, no payment is being made. The

petitioners contend 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 petitioners placed on record

instructions received from the Executive Engineer, Nellore, dated

22.12.2023. He would submit that BRO is not released, bill could not

be paid. Soon after the BRO is released, payments will be made to the

petitioners.

5. In view of the aforesaid directions of this Court in various cases

and after hearing the submissions of learned counsel for the

petitioners, learned Government Pleader for Irrigation this writ petition

is disposed of with a direction to the respondents to release the

amount of Rs.16,38,539 /- to the petitioners, 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 petitioners 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

03.01.2024 SCH/KMS

HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

03.01.2024 SCH/KMS