T Kranthi Kumar vs The State Of Andhra Pradesh
2024 Latest Caselaw 4852 AP

Andhra Pradesh High Court - Amravati

T Kranthi Kumar vs The State Of Andhra Pradesh on 27 June, 2024

APHC010127082024
                   IN THE HIGH COURT OF ANDHRA PRADESH
                                 AT AMARAVATI                             [3329]
                          (Special Original Jurisdiction)

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

                                   PRESENT

     THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                       WRIT PETITION NO: 6738/2024

Between:

T Kranthi Kumar                                                  ...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. E V JAGANNADHA RAO (SC FOR AP STATE HOUSEING COOP LTD)

2. GP FOR FINANCE PLANNING

3. GP FOR HOUSING

The Court made the following:


ORDER:

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

Godavari District. After execution of the said contract, a final bill was prepared

for a sum of Rs.7,49,932 /- 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.5,88,032/-, 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 Standing Counsel for A.P. State Housing

Corporation Ltd (APSHCL) placed on record the written instructions issued by

the Respondents vide Note No.NON-OTS/1096/2024, dated 24.04.2024,

admitting an amount of Rs.5,88,032/- payable to the petitioner. But, the

subject bill was not uploaded for payment. Soon after uploading of the bill, an

amount of Rs.5,88,032 /- 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 and

learned Standing Counsel for APSHCL, this Writ Petition is disposed of with a

direction to the respondents to release the amount of Rs.5,88,032 /- 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 four (04) 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.

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

Petition shall stand closed.

_______________________________ VENKATESWARLU NIMMAGADDA, J

27th June 2024 Knr HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

27.06.2024

W

KNR