Marven Creative Services vs The State Of Andhra Pradesh And Others
2024 Latest Caselaw 10461 AP

Andhra Pradesh High Court - Amravati

Marven Creative Services vs The State Of Andhra Pradesh And Others on 19 November, 2024

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APHC010034572023
                   IN THE HIGH COURT OF ANDHRA PRADESH
                                 AT AMARAVATI               [3329]
                          (Special Original Jurisdiction)

           TUESDAY ,THE NINETEENTH DAY OF NOVEMBER
               TWO THOUSAND AND TWENTY FOUR

                               PRESENT

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                      WRIT PETITION NO: 1677/2023

Between:

Marven Creative Services                            ...PETITIONER

                                 AND

The State Of Andhra Pradesh and Others          ...RESPONDENT(S)
Counsel for the Petitioner:

1. P KAMLAKAR

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 GENERAL ADMINISTRATION
4. GP FOR SOCIAL WELFARE
5. SULTANA SHAIK
6. GP FOR IRRIGATION COMM AREA DEV
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The Court made the following:


ORDER:

The petitioner had been awarded various works contract for printing

of different Government Schemes and Welfare measures in the News

Papers i.e., Print Media. After execution of the said contracts, final bills

were prepared for a sum total of Rs.4,13,96,591/- as per the sanctioned

orders. Out of the said amount, the petitioner company has received

partial amount and the outstanding amount is Rs.3,17,45,412/-. 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.

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4. On the other hand, Counter affidavit has been filed by Respondents

while admitting about the claim of the petitioner, he would submit that,

since the budget was not released by the Government, the bills were not

paid to the petitioner. Soon after release of the budget by the

Government, the bills 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 Government Pleader for the Respondents, this Writ Petition is

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

Rs.3,17,45,412/- 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 (6) 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

19th November, 2024 krk ::4::

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION NO: 1677/2023

19.11.2024 krk