K Krishna Prasad vs The State Of Ap
2024 Latest Caselaw 4698 AP

Andhra Pradesh High Court - Amravati

K Krishna Prasad vs The State Of Ap on 24 June, 2024

     THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                   WRIT PETITION No.5770 of 2024

ORDER:

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

under subject scheme in Krishna District. After execution of the said

contract, a final bill was prepared for a sum of Rs.51,93,131/- 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 filed a counter by the

7th respondent. He would submit that the respondents did not stop

payment as stated by the petitioner and it is happened only due to

lack of release of funds from the Government. The Government has

decided to make a payment after release of funds from the Finance

Department. Thereafter, the amount will be credited to the

petitioner's account.

5. It is humbly submitted that the respondents did not stop

payment of the petitioner and only happened due to not dropping of

pending Audit Para on this work. After dropping of the Audit Para by

the Public Accounts Committee, appropriate action for making the

payments of pending bills i.e., release of Further Security Deposit

(FSD) will be taken.

6. 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.51,93,131/- 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 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

24.06.2024 klk

THE HON' BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

24.06.2024 klk