Andhra Pradesh High Court - Amravati
Kilarapu Srinivasa Rao vs The State Of Andhra Pradesh on 23 September, 2024
APHC010302372024
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: 15345/2024
Between:
Kilarapu Srinivasa Rao ...PETITIONER
AND
The State Of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. PAMARTHI KAMESWARA RAO
Counsel for the Respondent(S):
1. E V JAGANNADHA RAO (SC FOR AP STATE HOUSEING
COOP LTD)
2. GP FOR HOUSING
3. GP FOR FINANCE PLANNING
The Court made the following:
2
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 15345/2024
ORDER:
1. The petitioner had been awarded the contract for execution of
certain works in Krishna District. After execution of the said works,
final bill was prepared for a sum of Rs.33,23,865/- as per the
sanctioned orders. After scrutiny, 80% of the bill amount i.e, an
amount of Rs.25,23,865 has already been paid to the petitioner and
balance amount of Rs.7,99,981/- has to be paid by the respondents
to the petitioner. 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.6,30,971/-, 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 14.08.2024 issued
by the 2nd respondent, wherein, it is admitted that the petitioner is
entitled for an amount of Rs.6,30,971 /- towards balance payment. 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 the amount of Rs.6,30,971 /- 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, 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
WRIT PETITION No.15345 of 2024
23.09.2024
BSP
