Citation : 2024 Latest Caselaw 9522 AP
Judgement Date : 21 October, 2024
APHC010391782024
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: 20037/2024
Between:
M V Satyanarayana Raju ...PETITIONER
AND
The State Of Ap and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. K NARSI REDDY
Counsel for the Respondent(S):
1. GP FOR ROADS BUILDINGS
2. GP FOR FINANCE PLANNING
The Court made the following:
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 20037/2024
ORDER:
1. The petitioner had been awarded the contract for execution of
certain works in Anakapalli District. After execution of the said
works, final bill was prepared for a sum of Rs.2,05,322/- 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 Government Pleader for the
respondents placed on record the written instructions dated
14.10.2024 submitted by the 5th respondent, wherein, it is stated
that due to lack of budget, the bill amount was not paid to the
petitioner. Soon after release of budget, the bill amount due to the
petitioner 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, learned Government Pleader for the respondents, this
Writ Petition is disposed of with a direction to the respondents to
release the amount of Rs. 2,05,322/- 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 six (06) 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 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 21.10.2024 RSD THE HON'BLE SRI JUSTICE VENKATESWARLU
NIMMAGADDA
WRIT PETITION No.20037 of 2024
21.10.2024
RSD
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