M/S.Koushik Group vs The State Of Ap
2024 Latest Caselaw 10526 AP

Citation : 2024 Latest Caselaw 10526 AP
Judgement Date : 20 November, 2024

Andhra Pradesh High Court - Amravati

M/S.Koushik Group vs The State Of Ap on 20 November, 2024

                                  ::1::


APHC010034522023
                   IN THE HIGH COURT OF ANDHRA PRADESH
                                 AT AMARAVATI             [3329]
                          (Special Original Jurisdiction)

      WEDNESDAY ,THE TWENTIETH DAY OF NOVEMBER
           TWO THOUSAND AND TWENTY FOUR

                               PRESENT



       THE HONOURABLE SRI JUSTICE VENKATESWARLU
                     NIMMAGADDA

                      WRIT PETITION NO: 1702/2023



Between:

M/s.koushik Group                                   ...PETITIONER

                                 AND

The State Of Ap 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
                                  ::2::


The Court made the following

ORDER:

The petitioner had been awarded various works contract for

printing of different Government Schemes and Welfare measures

through Bus Branding, CCTV, Digital Wall Painting. After execution

of the said contracts, final bills were prepared for a sum total of

Rs.4,39,09,688/- as per the sanctioned orders. The Petitioner

company has executed the same strictly in terms of the work order.

Thereafter, the petitioner company has submitted its bills/invoices as

well as submitted its representations requesting them to pay the bill

amounts. Since there is no response from the concerned

authorities, the petitioner firm submitted its reminder on 11.11.2022

requesting to release the payment against the execution of works.

Even after the said reminder by the petitioner company, there is no

response from the concerned authorities. 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 ::3::

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, 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.4,39,09,688/- 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 (3) months from the ::4::

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.