Andhra Pradesh High Court - Amravati

Raghuram Hume Pipes Pvt Limited vs The State Of Ap on 3 July, 2024

APHC010506482023
                        IN THE HIGH COURT OF ANDHRA PRADESH
                                      AT AMARAVATI             [3329]
                               (Special Original Jurisdiction)


                   WEDNESDAY, THE THIRD DAY OF JULY
                    TWO THOUSAND AND TWENTY FOUR

                                   PRESENT

     THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                        WRIT PETITION NO: 26320/2023

Between:

Raghuram Hume Pipes Pvt Limited                                   ...PETITIONER

                                      AND

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

Counsel for the Petitioner:

     1. P HEMACHANDRA

Counsel for the Respondent(S):

     1. GP FOR FINANCE PLANNING

     2.

The Court made the following:


ORDER:

1. The petitioner had been awarded various contract works in Guntur

District. After execution of the said contract, a final bill was prepared for a sum

of Rs.2,14,45,574/- 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 counsel for Respondents about the claim of

the petitioner placed on record the written instructions dated 18.10.2023 and

07.12.2023 received from Respondent No.3 / Managing Director, APSIDC

admitting that amount payable to the petitioner. But, the subject bill was not

uploaded for payment. Soon after uploading of the bill, the 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 and learned

counsel for the Respondents, this Writ Petition is disposed of with a direction

to the respondents to release amount of Rs.2,14,45,574/- 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 three months 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/differential amount, if any payable by the

respondents, in an appropriate forum. There shall be no order as to costs.

7. Consequently, Miscellaneous Petitions, if any, pending in this Writ

Petition shall stand closed.

________________________________ VENKATESWARLU NIMMAGADDA, J

03.07.2024 Knr HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

03.07.2024

KNR