Sree Jayalakshmi Constructions vs The State Of Ap
2024 Latest Caselaw 8048 AP

Andhra Pradesh High Court - Amravati

Sree Jayalakshmi Constructions vs The State Of Ap on 4 September, 2024

APHC010323722024
                   IN THE HIGH COURT OF ANDHRA PRADESH
                                 AT AMARAVATI                            [3329]
                          (Special Original Jurisdiction)

             WEDNESDAY ,THE FOURTH DAY OF SEPTEMBER
                 TWO THOUSAND AND TWENTY FOUR

                                  PRESENT

  THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                      WRIT PETITION NO: 16491/2024

Between:

Sree Jayalakshmi Constructions                                   ...PETITIONER

                                     AND

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

Counsel for the Petitioner:

1. PRATHIWADA VARUN KUMAR

Counsel for the Respondent(S):

1. GP FOR SPORTS

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 YSR Kadapa District. After execution of the said contract, a final

bill was prepared for a sum of Rs.10,52,351/- 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 Government Pleader for Irrigation would

submit that the concerned authority is not cooperating to state that the factual

aspect with regard to payment of the bill amount, as such, neither instructions

could be obtained nor counter affidavit is filed.

5. On the other hand, learned Government Pleader for Sports placed on

record instructions received from the Secretary and General Manager (F),

A.P. State Police Housing Corporation Limited vide Lr.No.APSPHC/GS-II/WP

16491 of2024/2024-25 DATED 29.08.2024, while admitting about the claim of

the petitioner for an amount of Rs.10,52,351/-. 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.

6. 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.10,52,351/- 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 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

04.09.2024

SP THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION NO: 16491/2024

04.09.2024

SP