Andhra Pradesh High Court - Amravati
Kilrapu Srinivasa Rao vs The State Of Ap on 24 September, 2024
APHC010273112024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3329]
(Special Original Jurisdiction)
TUESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 13655/2024
Between:
Kilrapu Srinivasa Rao ...PETITIONER
AND
The State Of Ap and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. PAMARTHI KAMESWARA RAO
Counsel for the Respondent(S):
1. GP FOR PANCHAYAT RAJ RURAL DEV
2. E V JAGANNADHA RAO (SC FOR AP STATE HOUSEING COOP LTD)
3. GP FOR HOUSING
4. GP FOR FINANCE PLANNING
The Court made the following:
ORDER:
1. The petitioner had been awarded works contract in Krishna District.
After execution of the said contract, a final bill was prepared for a sum of
Rs.28,52,941/- 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 Standing Counsel for the A.P. State
Housing Corporation Limited (APSHCL) while admitting about the claim of the
petitioner placed on record instructions received from the Managing Director,
APSHCL, Vijayawada, dated 14.08.2024. 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
Standing Counsel for the APSHCL, this Writ Petition is disposed of with a
direction to the Respondents to release the amount of Rs.28,52,941/- 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 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
24.09.2024
Knr
HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
24.09.2024
KNR
