Andhra Pradesh High Court - Amravati
Sri R.Janakirama Prthap Chowdary, vs The State Of Andhra Pradesh, on 21 October, 2024
APHC010233662024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3329]
(Special Original Jurisdiction)
MONDAY ,THE TWENTY FIRST DAY OF OCTOBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU
NIMMAGADDA
WRIT PETITION NO: 11932/2024
Between:
Sri R.janakirama Prthap Chowdary, ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. MEKALA ANUSHA
Counsel for the Respondent(S):
1. GP FOR HOME
2. GP FOR FINANCE PLANNING
3. K C VENKATA REDDY (SC FOR A P S P H)
The Court made the following:
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 11932/2024
ORDER:
1. The petitioner had been awarded the contract for execution of
certain works in West Godavari District. After execution of the said
works, final bill was prepared for a sum of Rs.36,88,508/- 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 an amount of
Rs. 9,90,167/- , 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 placed on record the written instructions dated
17.09.2024, wherein, it is stated that the contractor claimed an
amount of Rs.36,88,508/- (excluding statutory payments) for 5
works, out of which, for 4 works an amount of
Rs.26,98,341,/-(excluding statutory payments) was paid to the
contractor/petitioner on 10.09.2024 and regarding 5th work the
amount of Rs.9,90,167/-(excluding statutory payments) has to be
paid by the Registrar, Acharya N.G Ranga Agricultural University,
Guntur, which will be paid in a reasonable time.
5. In view of the aforesaid directions of this Court in various
cases and after hearing the submissions of learned counsel for the
petitioner, learned Government Pleader for the respondents, this
Writ Petition is disposed of with a direction to the respondents to
release the amount of Rs. 9,90,167/- 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 two (2) 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 or due
amount, 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
21.10.2024
RSD
THE HON'BLE SRI JUSTICE VENKATESWARLU
NIMMAGADDA
WRIT PETITION No.11932 of 2024
21.10.2024
RSD
