Andhra Pradesh High Court - Amravati

Sagittal Infra Projects vs The State Of Ap on 4 July, 2024

 APHC010129842024
                     IN THE HIGH COURT OF ANDHRA PRADESH
                                   AT AMARAVATI                          [3329]
                            (Special Original Jurisdiction)

                    THURSDAY ,THE FOURTH DAY OF JULY
                     TWO THOUSAND AND TWENTY FOUR

                                   PRESENT

  THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                          WRIT PETITION NO: 8622/2024

Between:

Sagittal Infra Projects                                          ...PETITIONER

                                      AND

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

Counsel for the Petitioner:

1. CH B R P SEKHAR

Counsel for the Respondent(S):

1. E V JAGANNADHA RAO (SC FOR AP STATE HOUSEING COOP LTD)

2. GP FOR FINANCE PLANNING

3. GP FOR HOUSING

The Court made the following:

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

subject scheme in West Godavari District. After execution of the said

contract, a final bill was prepared for a sum of Rs.12,53,284/- 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 the respondents placed on

record instructions in Note No.:NON-OTS/1192/2024 dated 30.04.2024,

admitting an amount of Rs.10,65,185/- to the petitioner . He would

submit that, since the budget was not released by the Government, the

bills were not paid to the petitioner. Soon after release of the budget by

the Government, the bills 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 counsel for the respondent, this Writ Petition is disposed of with

a direction to the respondents to release an amount of Rs.10,65,185/-

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 two (02)

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 differential amount and

higher rate of interest, if any payable by the respondents, in an

appropriate forum. There shall be no order as to costs.

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

Petition shall stand closed.

________________________________ VENKATESWARLU NIMMAGADDA, J Date: 04.07.2024

SP THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION NO: 8622/2024