Kilarapu Srinivasa Rao vs The State Of Andhra Pradesh
2024 Latest Caselaw 10581 AP

Andhra Pradesh High Court - Amravati

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

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APHC010284722024
                   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: 14331/2024

Between:

Kilarapu Srinivasa Rao                                  ...PETITIONER

                                 AND

The State Of Andhra Pradesh 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. GP FOR HOUSING

   3. 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 sum of Rs.38,32,783/- as per the sanctioned orders.

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Out of the said amount Rs.30,66,226/- was released to the Petitioner.

As the payment of the remaining balance amount of Rs7,66,557/- 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 14.08.2024. He would submit that, since the budget was not

released by the Government, the bills were not paid to the petitioner.

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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.7,66,557/- 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::

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION NO: 14331/2024

22.11.2024 krk