Kilarapu Srinivasa Rao vs The State Of Ap
2024 Latest Caselaw 10575 AP

Citation : 2024 Latest Caselaw 10575 AP
Judgement Date : 22 November, 2024

Andhra Pradesh High Court - Amravati

Kilarapu Srinivasa Rao vs The State Of Ap on 22 November, 2024

                                     ::1::



APHC010291332024
                   IN THE HIGH COURT OF ANDHRA PRADESH
                                 AT AMARAVATI                          [3329]
                          (Special Original Jurisdiction)

         FRIDAY ,THE TWENTY SECOND DAY OF NOVEMBER
               TWO THOUSAND AND TWENTY FOUR

                                 PRESENT

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                     WRIT PETITION NO: 14612/2024

Between:

Kilarapu Srinivasa Rao                                        ...PETITIONER

                                    AND

The State Of Ap and Others                              ...RESPONDENT(S)

Counsel for the Petitioner:

   1. PAMARTHI KAMESWARA RAO

Counsel for the Respondent(S):

   1. GP FOR PANCHAYAT RAJ RURAL DEV

   2. E V JAGANNADHA RAO (SC FOR AP STATE HOUSEING COOP
      LTD)

   3. GP FOR HOUSING

   4. GP FOR FINANCE PLANNING

The Court made the following:

ORDER:

The petitioner had been awarded various contract works in Krishna

District. After execution of the said contract, a final bill was prepared for a ::2::

sum of Rs.49,99,663/- as per the sanctioned orders. Out of the said

amount Rs.39,99,730/- was released to the Petitioner. As the payment of

the remaining balance amount of Rs.9,99,933/- 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 the

Respondents while admitting about the claim of the petitioner placed on

record instructions received from Managing Director, APSHCL, dated

28.10.2024. He would submit that, since the budget was not released by

the Government, the bills were not paid to the petitioner. Soon after ::3::

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.9,99,933/- to the petitioner within a period of two (2) months from the

date of receipt of a copy of this order. There shall be no order as to costs.

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

Petition shall stand closed.

_______________________________ VENKATESWARLU NIMMAGADDA,J

Dt: 22.11.2024 krk ::4::