Andhra Pradesh High Court - Amravati

Sri Sridevi Constructions vs The State Of Ap on 4 July, 2024

APHC010055762024
                     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: 3399/2024

Between:

Sri Sridevi Constructions                                        ...PETITIONER

                                      AND

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

Counsel for the Petitioner:

1. P VIVEK

Counsel for the Respondent(S):

1. GP FOR ROADS BUILDINGS

2. GP FOR FINANCE PLANNING

The Court made the following:

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

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

contract, a final bill was prepared for a sum of Rs.96,59,705/- 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 Roads & Buildings

while admitting about the claim of the petitioner placed on record

instructions dated 09.02.2024 received from the Executive Engineer

(R&B), Kakinada. 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 Government Pleader for Roads & Buildings this Writ Petition is

disposed of with a direction to the respondents to release an amount of Rs.96,59,705/- 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 (03) 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, if any payable by the respondents, in an

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