N Venkanna, vs The State Of Andhra Pradesh,
2024 Latest Caselaw 4621 AP

Andhra Pradesh High Court - Amravati

N Venkanna, vs The State Of Andhra Pradesh, on 21 June, 2024

APHC010223602024
                     IN THE HIGH COURT OF ANDHRA PRADESH
                                   AT AMARAVATI                   [3329]
                            (Special Original Jurisdiction)

                   FRIDAY ,THE TWENTY FIRST DAY OF JUNE
                     TWO THOUSAND AND TWENTY FOUR

                                 PRESENT

  THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                        WRIT PETITION NO: 11099/2024

Between:

N Venkanna,                                                ...PETITIONER

                                   AND

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

Counsel for the Petitioner:

     1. ANNAMNEEDI BALAKRISHNA

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 East Godavari District. After execution of the

said contract, final bills were prepared for a sum of Rs.8,96,250/-

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, Eluru,

dated 18.06.2024, wherein it is stated that due to lack of budget,

payments were not made to the petitioner. Soon after release of the

budget, 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.8,96,250/- 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 21.06.2024 TPS

HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION No.11099 of 2024

21.06.2024 TPS