Andhra Pradesh High Court - Amravati
P. Lakshminarayana, vs The State Of Andhra Pradesh on 5 September, 2024
APHC010004192024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3329]
(Special Original Jurisdiction)
THURSDAY ,THE FIFTH DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU
NIMMAGADDA
WRIT PETITION NO: 413/2024
Between:
P. Lakshminarayana, ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. RAMESH BABU TALLURI
Counsel for the Respondent(S):
1. GP FOR ROADS BUILDINGS (AP)
2. GP FOR FINANCE PLANNING (AP)
The Court made the following:
2
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 413/2024
ORDER:
1. The petitioner had entered into an agreement for execution
of certain works vide agreements dated 08.01.2018, 08.08.2021,
06.02.2023 and 08.02.2023 in Ananthapuram District. After
execution of the said works, final bills were prepared for sums of
Rs.3,48,951, Rs.5,56,241/-, Rs.4,69,231/-, Rs.4,69,710/- totalling
to an amount of Rs.18,44,133/- as per the sanctioned orders. As
the payment of the said amounts 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
amounts of Rs.3,03,314/-, Rs.5,13,073/-, Rs.4,40,796/- and
Rs.4,32,627/-, no payment is being made. The petitioner
contends that such non-payment of dues 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 furnished written instructions dated 28.03.2024
issued by the respondents, wherein, it is admitted that the
petitioner is entitled for amounts of Rs.3,03,314/-, Rs.5,13,073/-,
Rs.4,40,796/- and Rs.4,32,627/-. It is further stated that due to
non-release of budget, the bill was not paid to the petitioner. Soon
after release of the budget, bill amount 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 amounts of Rs.3,03,314/-, Rs.5,13,073/-, Rs.4,40,796/-
and Rs.4,32,627/- 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 (02) 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 and 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
05.09.2024
BSP
THE HON'BLE SRI JUSTICE VENKATESWARLU
NIMMAGADDA
05.09.2024
BSP
