Andhra Pradesh High Court - Amravati
M/S Sreedhar Engineering Works vs The State Of Andhra Pradesh on 20 June, 2024
APHC010167092024
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: 8746/2024
Between:
M/s Sreedhar Engineering Works ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. AKKEM SRIHARIVIRAT
Counsel for the Respondent(S):
1. GP FOR FINANCE PLANNING
2. GP FOR IRRI AND CAD (AP)
The Court made the following:
ORDER:
1. The petitioner had been awarded the contract of work(s) under
the subject scheme in SPSR Nellore District. After execution of the
said contract, final bills were prepared for a sum of Rs.9,60,000/-,
Rs.9,70,000/- & Rs.9,65,000/- 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 Irrigation
while admitting about the claim of the petitioner placed on record
the written instructions issued by the Executive Engineer, Nellore,
dated 15.04.2024, wherein it is stated that due to lack of LOC,
payments were not made to the petitioner. Soon after release of the
LOC, bills will be submitted for payment.
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.9,60,000/-, Rs.9,70,000/- & Rs.9,65,000/- 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, 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
20.06.2024
TPS
