Citation : 2024 Latest Caselaw 5110 AP
Judgement Date : 4 July, 2024
APHC010508512023
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: 26466/2023
Between:
Vasantala Ranga Rao ...PETITIONER
AND
Andhra Pradesh State Police Housing Corporation ...RESPONDENT(S)
Limited and Others
Counsel for the Petitioner:
1. V.N.V.SURYA DATTU
Counsel for the Respondent(S):
1. GP FOR FINANCE PLANNING
2. K C VENKATA REDDY (SC FOR A P S P H)
3. GP FOR AGRICULTURE (AP)
The Court made the following:
1. The petitioner had been awarded various contract works under the
subject scheme in N.T.R District. After execution of the said contract, a
final bill was prepared for a sum of Rs.6,78,700/- 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 received from the Secretary & General Manager
(F), AP State Police Housing Corporation Limited in
Lr.No.APSPHC/GS/II/WP26466 of 2023/2023-24 dated 26.10.2023.
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.6,78,700/- 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 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: 26466/2023
Datee: 04.07.2024
s
SP
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