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M V Satyanarayana Raju vs The State Of Ap
2024 Latest Caselaw 9522 AP

Citation : 2024 Latest Caselaw 9522 AP
Judgement Date : 21 October, 2024

Andhra Pradesh High Court - Amravati

M V Satyanarayana Raju vs The State Of Ap on 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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