M/S Sagittal Infra Projects vs The State Of Andhra Pradesh
2024 Latest Caselaw 4561 AP

Andhra Pradesh High Court - Amravati

M/S Sagittal Infra Projects vs The State Of Andhra Pradesh on 20 June, 2024

 APHC010180352024
                      IN THE HIGH COURT OF ANDHRA PRADESH
                                    AT AMARAVATI                   [3329]
                             (Special Original Jurisdiction)

                    THURSDAY ,THE TWENTIETH DAY OF JUNE
                      TWO THOUSAND AND TWENTY FOUR

                                  PRESENT

  THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                         WRIT PETITION NO: 10185/2024

Between:

M/s Sagittal Infra Projects                                 ...PETITIONER

                                    AND

The State Of Andhra Pradesh and Others                  ...RESPONDENT(S)

Counsel for the Petitioner:

     1. CH B R P SEKHAR

Counsel for the Respondent(S):

     1. GP FOR FINANCE PLANNING

     2. GP FOR IRRIGATION COMM AREA DEV

The Court made the following:

ORDER:

1. The petitioner had been awarded the contract of work(s) under

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

said contract, a final bill was prepared for a sum of Rs.18,16,732/-

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

Rs.9,28,000/-, 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 Irrigation

placed on record the written instructions received from the

Executive Engineer, Vijayawada, dated 19.05.2024 admitting an

amount of Rs.9,28,000/- payable to the petitioner. Due to lack of

LOC, payment was not made to the petitioner. Soon after release of

the LOC, the bill will be cleared.

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 Irrigation this Writ

Petition is disposed of with a direction to the respondents to release

the amount of Rs.9,28,000/- 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 six (06) weeks 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

amount, 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 20.06.2024 TPS

HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION No.10185 of 2024

20.06.2024 TPS