Avens Expositions Pvt.Ltd., vs The State Of Andhra Pradesh
2024 Latest Caselaw 8120 AP

Andhra Pradesh High Court - Amravati

Avens Expositions Pvt.Ltd., vs The State Of Andhra Pradesh on 6 September, 2024

APHC010192502023
                    IN THE HIGH COURT OF ANDHRA PRADESH
                                  AT AMARAVATI                      [3329]
                           (Special Original Jurisdiction)

                   FRIDAY, THE SIXTH DAY OF SEPTEMBER
                    TWO THOUSAND AND TWENTY FOUR

                                  PRESENT

  THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                       WRIT PETITION NO: 9847/2023

Between:

Avens Expositions Pvt.ltd.,                                 ...PETITIONER

                                     AND

The State Of Andhra Pradesh and Others                 ...RESPONDENT(S)

Counsel for the Petitioner:

1. DASARI S V V S V PRASAD

Counsel for the Respondent(S):

1. GP FOR FINANCE PLANNING

2. GP FOR TOURISM(AP)

The Court made the following Order:

The petitioner had entered into an agreement for execution of certain

works vide agreement dated 11.11.2018 in West Godavari District. After

execution of the said work, a final bill was prepared for a sum of

Rs.61,62,007/- 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.61,62,007/-, 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 respondent

No.3 issued proceedings dated 20.03.2019, 29.08.2019, 18.06.2020 and

24.01.2022 and filed counter-affidavit, wherein, it is admitted that the petitioner

is entitled for an amount of Rs.61,62,007/-.

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.61,62,007/- 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

06.09.2024 SCH

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

06.09.2024 SCH