Ramans Jobbing Centre vs The State Of Andhra Pradesh
2024 Latest Caselaw 1910 AP

Andhra Pradesh High Court - Amravati

Ramans Jobbing Centre vs The State Of Andhra Pradesh on 1 March, 2024

     THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
                 WRIT PETITION No.1323 of 2024

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, a final bill was prepared for a sum of Rs.76,640/- 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

would submit that the concerned authority is not cooperating to state

that the factual aspect with regard to payment of the bill amount, as

such, neither instructions could be obtained nor counter affidavit filed.

5. Hence, in the absence of filing any counter affidavit/written

instructions by the respondents, the right of the respondents to file

counter affidavit is forfeited and this Court is left with no other option,

except to proceed further without counter affidavit, despite granting

several adjournments to the respondents to file counter affidavit/written

instructions.

7. In view of the facts and circumstances submitted in the affidavit,

and the directions of this Court in various cases and after hearing the

submissions of learned counsel for the petitioner, this Writ Petition is

disposed of with a direction to the respondents to release the amount of

Rs.76,640/- 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

01.03.2024 klk

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

01.03.2024 klk