Kilarapu Srinivasa Rao vs The State Of Andhra Pradesh
2024 Latest Caselaw 8878 AP

Andhra Pradesh High Court - Amravati

Kilarapu Srinivasa Rao vs The State Of Andhra Pradesh on 25 September, 2024

APHC010295612024
                   IN THE HIGH COURT OF ANDHRA PRADESH
                                 AT AMARAVATI                          [3329]
                          (Special Original Jurisdiction)

         WEDNESDAY ,THE TWENTY FIFTH DAY OF SEPTEMBER
               TWO THOUSAND AND TWENTY FOUR

                                  PRESENT

  THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                      WRIT PETITION NO: 14931/2024

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:

ORDER:

1. The petitioner had been awarded the works contract in Krishna District.

After execution of the said contract, a final bill was prepared and the

Respondents withholding the payment of proposed balance amount of

Rs.7,59,865/- 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 Rs.5,99,331/-, 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 Andhra Pradesh

State Housing Corporation Limited (APSHCL) placed on record the written

instructions received from the Managing Director, APSHCL, Vijayawada,

dated 14.08.2024 admitting amount of Rs.5,99,331/- payable to the petitioner.

But, the subject bill was not uploaded for payment. Soon after uploading of the

bill, an amount of Rs.5,99,331/- 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.5,99,331/- 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 / differential 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

25th September, 2024 Knr HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

25.09.2024

KNR