Abc Constructions vs The State Of Andhra Pradesh
2024 Latest Caselaw 8944 AP

Andhra Pradesh High Court - Amravati

Abc Constructions vs The State Of Andhra Pradesh on 26 September, 2024

APHC010362002024
                       IN THE HIGH COURT OF ANDHRA PRADESH
                                     AT AMARAVATI             [3329]
                              (Special Original Jurisdiction)


          THURSDAY, THE TWENTY SIXTH DAY OF SEPTEMBER
                TWO THOUSAND AND TWENTY FOUR

                                   PRESENT

     THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                      WRIT PETITION NO: 18316/2024

Between:

Abc Constructions                                              ...PETITIONER

                                      AND

The State Of Andhra Pradesh and Others                    ...RESPONDENT(S)

Counsel for the Petitioner:

     1. P VIVEK

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 works contract in East Godavari

District. After execution of the said contract, a final bill was prepared for a

sum of Rs.1,17,29,375/- 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 Transport, Roads

and Buildings while admitting about the claim of the petitioner placed on

record instructions received from the Executive Engineer, R&B Division,

Kakinada, dated 03.09.2024. 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

Government Pleader for the Respondents, this Writ Petition is disposed of

with a direction to the Respondents to release the amount of Rs.1,17,29,375/-

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

26th September, 2024 Knr HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

26.09.2024

KNR