Sri Shirdi Sai Balaji Constructions vs The State Of Ap
2024 Latest Caselaw 4944 AP

Andhra Pradesh High Court - Amravati

Sri Shirdi Sai Balaji Constructions vs The State Of Ap on 1 July, 2024

APHC010606462023
                       IN THE HIGH COURT OF ANDHRA PRADESH
                                     AT AMARAVATI             [3329]
                              (Special Original Jurisdiction)


                   MONDAY ,THE FIRST DAY OF JULY
                  TWO THOUSAND AND TWENTY FOUR

                                  PRESENT

  THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                      WRIT PETITION NO: 31272/2023

                 Between:

Sri Shirdi Sai Balaji Constructions and Others               ...PETITIONER(S)

                                     AND

The State Of Ap and Others                                 ...RESPONDENT(S)

Counsel for the Petitioner(S):

     1. RAMBABU KOPPINEEDI

Counsel for the Respondent(S):

     1. GP FOR ROADS BUILDINGS

     2. GP FOR FINANCE PLANNING

The Court made the following:


ORDER:

1. The petitioners herein have been awarded various contract works in

Vizian District. After execution of the said contracts, final bills were prepared

for a sum total of Rs.3,60,29,530/- 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, Counter affidavit has been filed by Respondent No.5

while admitting about the claim of the petitioners. He would submit that, since

the budget was not released by the Government, the bills were not paid to the

petitioners. Soon after release of the budget by the Government, the bills will

be paid 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 Roads & Buildings and learned Government Pleader

for Finance and Planning, this Writ Petition is disposed of with a direction to

the respondents to release the amount of Rs.3,60,29,530/- 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 three months from the date of receipt of a copy of this order. It would also be open to the petitioners to agitate their 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

1st July, 2024.

Knr HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

01.07.2024

W

KNR