Andhra Pradesh High Court - Amravati
Mr. A.Sankara Rao, vs The State Of Andhra Pradesh on 15 October, 2024
APHC010617172023
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3329]
(Special Original Jurisdiction)
TUESDAY ,THE FIFTEENTH DAY OF OCTOBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 31709/2023
Between:
Mr. A.sankara Rao, ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. RAYUDU SUDHA
Counsel for the Respondent(S):
1. GP FOR FINANCE PLANNING
2. GP FOR SOCIAL WELFARE
The Court made the following:
ORDER:
1. The petitioner had been awarded various works contract in
Visakhapatnam District. After execution of the said contracts, final bills were
prepared for a sum total of Rs.39,97,827/- 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, Counter affidavit has been filed by Respondent No.6
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.39,97,827/- 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 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
15th October, 2024
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HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.31709 of 2023
15th October, 2024
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