Andhra Pradesh High Court - Amravati
Sri Swathi Constructions vs The State Of Andhra Pradesh, on 24 February, 2022
Author: R. Raghunandan Rao
Bench: R. Raghunandan Rao
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
W.P.No.4197 of 2022
ORDER:
The petitioner had been awarded the contract for the work i.e., 1) providing Internal CC roads and Drains at SC Colony in Vitaleswara Nagar (Govt Layout-I) of Bhattiprolu Village and Mandal, 2) providing Internal CC roads and Drains at SC Colony (Govt Layout-II) of Bhattiprolu Village and Mandal, 3) providing Internal CC roads and Drains in Allamudi SC Colony of Bhattiprolu Mandal, and 4) providing Internal CC Roads and Drains in Vellaturu SC Colony of Bhattiprolu Mandal Guntur District, under agreement dated 06.10.2018. After execution of the said contract, a final bill for a sum of Rs.16,36,999/-. 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.
It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled for payment of the aforesaid sums 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.
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.
In view of the aforesaid directions of this Court in various cases and after hearing the submissions of the learned counsel for the petitioner, learned Government pleader for Panchayat Raj and learned counsel appearing for the respondents, this writ petition is disposed of 2 RRR,J W.P.No.4197 of 2022 with a direction to the respondents to release the amount of Rs.16,36,999/- to the petitioner at the earliest, and at any rate, within a period of six weeks from the date of receipt of a copy of this order. It would also be open to the petitioner to agitate his claim for interest, if any payable by the respondents, in an appropriate forum. There shall be no order as to costs.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
_________________________ R. RAGHUNANDAN RAO, J.
24th February, 2022 BSM.
3 RRR,J W.P.No.4197 of 2022 HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO W.P.No.4197 of 2022 24th February, 2022 BSM.