Andhra Pradesh High Court - Amravati
Nsr Constructions vs The State Of Andhra Pradesh on 23 September, 2024
APHC010048842024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3329]
(Special Original Jurisdiction)
MONDAY ,THE TWENTY THIRD DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU
NIMMAGADDA
WRIT PETITION NO: 3261/2024
Between:
Nsr Constructions ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. GOUTHAMI SURAPAREDDY
Counsel for the Respondent(S):
1. GP FOR SOCIAL WELFARE (AP)
2. V CH NAIDU
3. GP FOR FINANCE PLANNING (AP)
The Court made the following:
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 3261/2024
ORDER:
1. The petitioner had been awarded the contract for execution
of certain works in Kadapa District. After execution of the said
works, final bill was prepared for a sum of Rs.56,88,610/- 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 the
respondents placed on record the written instructions dated
21.09.2024 submitted by the 5th respondent, wherein, it is stated
that due to lack of budget, the bill amount was not paid to the
petitioner. Soon after release of budget, the bill amount due to the
petitioner will be paid to the petitioner. Learned Government
Pleader for the respondents further submits the petitioner herein
claimed for the gross amount instead of net amount without
deducting the statutory deductions. In view of the same, learned
Government Pleader for the respondents submits that the net
amount to be payable to the petitioner 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 the net amount as entitled by 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
23.09.2024
BSP
THE HON'BLE SRI JUSTICE VENKATESWARLU
NIMMAGADDA
23.09.2024
BSP
