G Sridhar Gopala Krishna vs The Government Of Ap
2024 Latest Caselaw 90 AP

Andhra Pradesh High Court - Amravati

G Sridhar Gopala Krishna vs The Government Of Ap on 3 January, 2024

     THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                    WRIT PETITION No.7603 of 2023

ORDER:

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

subject scheme in Krishna District. After execution of the said contract, a

final bills were prepared for a sum of Rs.14,43,904/-, Rs.13,48,486/- and

Rs.19,52,399/- as per the sanctioned orders. As the payment of the said

amounts have 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 the written

instructions dated 18.10.2023 received from the Executive Engineer,

Gudivada. He would submit that bills were not received from the

concerned Sub Divisions. Soon after receiving of the bills from the

concerned Sub Divisions, the bill amounts 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.14,43,904/-,

Rs.13,48,486/- and Rs.19,52,399/- 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

03.01.2024 KMS/SCH

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

DATED 03.01.2024

KMS/SCH