Medicherla Sri Krishnamohan Rao vs The State Of Andhra Pradesh
2024 Latest Caselaw 4766 AP

Andhra Pradesh High Court - Amravati

Medicherla Sri Krishnamohan Rao vs The State Of Andhra Pradesh on 25 June, 2024

APHC010067742024
                      IN THE HIGH COURT OF ANDHRA PRADESH
                                    AT AMARAVATI                       [3329]
                             (Special Original Jurisdiction)

                   TUESDAY ,THE TWENTY FIFTH DAY OF JUNE
                      TWO THOUSAND AND TWENTY FOUR

                                  PRESENT

  THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                         WRIT PETITION NO: 3704/2024

Between:

Medicherla Sri Krishnamohan Rao                                ...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 IRRI AND CAD (AP)

      2. GP FOR FINANCE PLANNING (AP)

The Court made the following:

ORDER:

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

subject scheme in East Godavari District. After execution of the said contract,

final bill was prepared for a sum of Rs.7,60,969/- 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 placed on

record the written instructions dated 08.04.2024 submitted by the Executive

Engineer, Kakinada, wherein, it is stated that due to lack LOC, the bill was not

paid to the petitioner. Soon after release of LOC, the bill amount due to the

petitioner 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 Irrigation this Writ Petition is disposed of with a

direction to the respondents to release the amount of Rs. 7,60,969/- 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.

Consequently, Miscellaneous Petitions, if any, pending in this Writ

Petition shall stand closed.

________________________________ VENKATESWARLU NIMMAGADDA, J 26.06.2024 VTS