Sumasree Constructions vs The State Of Ap
2024 Latest Caselaw 9859 AP

Andhra Pradesh High Court - Amravati

Sumasree Constructions vs The State Of Ap on 4 November, 2024

APHC010437742024
                     IN THE HIGH COURT OF ANDHRA PRADESH
                                   AT AMARAVATI                           [3329]
                            (Special Original Jurisdiction)

                   MONDAY ,THE FOURTH DAY OF NOVEMBER
                     TWO THOUSAND AND TWENTY FOUR

                                   PRESENT

  THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                        WRIT PETITION NO: 22981/2024

Between:

Sumasree Constructions                                           ...PETITIONER

                                      AND

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

Counsel for the Petitioner:

1. SURESH KUMAR REDDY KALAVA

Counsel for the Respondent(S):

1. GP FOR HOME

2. K C VENKATA REDDY (SC FOR A P S P H)

3. GP FOR FINANCE PLANNING

The Court made the following:

1. The petitioner had been awarded the contract of work(s) under the

subject scheme in Chittoor District. After execution of the said contract, a final

bill was prepared for a sum of Rs.68,33,351/- 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 Standing Counsel for APSPHC Limited

while admitting about the claim of the petitioner for an amount of

Rs.68,23,351/- placed on record instructions received from the Secretary &

General manager (F), A.P. Police Housing in Lr.No.APSPHC/GS-II/WP22981

of 2024/2024-25 dated 24.10.2024. He would submit that, since the budget

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

Soon after release of the budget by the Government, the bills will be paid to

the petitioner.

5. 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.68,23,351/-- 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 (03) months 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 differential amount/higher rate of interest, if any payable

by the respondents, in an appropriate forum. There shall be no order as to

costs.

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

Petition shall stand closed.

_____________________________________ VENKATESWARLU NIMMAGADDA,J

04.11.2024

SP THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION NO: 22981/2024

04.11.2024

SP