Andhra Pradesh High Court - Amravati
R V Constructions vs The State Of Ap on 5 September, 2024
APHC010014892024
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: 1001/2024
Between:
R V Constructions ...PETITIONER
AND
The State Of Ap and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. V VINOD K REDDY
Counsel for the Respondent(S):
1. GP FOR ROADS BUILDINGS (AP)
The Court made the following:
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 1001/2024
ORDER:
1. The petitioner had been awarded the contract for execution
of certain works in Chittoor District. After execution of the said
works, final bill was prepared for a sum of Rs.1,81,65,761/- 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
an amount of Rs.1,70,64,832/-, 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 30.04.2024
issued by the respondents, wherein, it is admitted that the
petitioner is entitled for an amount of Rs.1,70,64,832/-. 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 an amount of Rs.1,70,64,832/- 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 three (03)
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
