Andhra Pradesh High Court - Amravati
M/S. Ptr And Brothers Projects vs The State Of Andhra Pradesh, on 9 September, 2024
APHC010335002024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3329]
(Special Original Jurisdiction)
MONDAY ,THE NINTH DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 17078/2024
Between:
M/s. Ptr And Brothers Projects ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. VENKAT CHALLA
Counsel for the Respondent(S):
1. GP FOR ROADS BUILDINGS
2. GP FOR FINANCE PLANNING
The Court made the following:
ORDER:
1. The petitioner had been awarded various contract works in Nellore
District. After execution of the said contracts, final bills were prepared for a
sum total of Rs.3,06,82,477/- 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, Counter affidavit has been filed by Respondent No.3
while admitting about the claim of the petitioner. 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.
5. In view of the aforesaid directions of this Court in various cases and
after hearing the submissions of learned counsel for the petitioner and learned
Government Pleader for the Respondents, this Writ Petition is disposed of
with a direction to the respondents to release the amount of Rs.3,06,82,477/-
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 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, 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
9th September, 2024
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HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.17078 of 2024
9th September, 2024
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