Andhra Pradesh High Court - Amravati
D Satyanarayana vs The State Of Andhra Pradesh, on 31 January, 2024
THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.3381 of 2023
ORDER:
1. The petitioner had been awarded the contract of work(s) under the
subject scheme in Krishna District. After execution of the said contract,
a final bill was prepared for a sum of Rs.20,51,027/- 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 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
would submit that the concerned authority is not cooperating to state
that the factual aspect with regard to payment of the bill amount, as
such, neither instructions could be obtained nor counter affidavit filed.
5. No other option to proceed further, in the absence of filing any
counter affidavit/written instructions by the respondents.
6. A perusal of proceedings would disclose that this Court on earlier
occasions i.e., on 07.03.2023, 10.11.2023, 22.11.2023, 29.11.2023, the
learned Assistant Government Pleader for Irrigation sought time for
obtaining instructions from the respondents. However, the learned
Assistant Government Pleader for Irrigation, so also the respondents did
not furnish any instructions/information to this Court, for proceeding
further. Hence, the right of the respondents to file any counter is
deemed to be forfeited.
7. In view of the facts and circumstances submitted in the affidavit,
and the directions of this Court in various cases and after hearing the
submissions of learned counsel for the petitioner, this Writ Petition is
disposed of with a direction to the respondents to release the amount of
Rs.20,51,027/- 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.
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VENKATESWARLU NIMMAGADDA, J
08.12.2023
RMD
THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
08.12.2023
RMD
