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Andhra Pradesh High Court - Amravati

M/S. Llr Constructions, vs The State Of Andhra Pradesh, on 9 December, 2024

APHC010299562024
                    IN THE HIGH COURT OF ANDHRA PRADESH
                                  AT AMARAVATI                               [3311]
                           (Special Original Jurisdiction)

                   MONDAY, THE NINTH DAY OF DECEMBER
                    TWO THOUSAND AND TWENTY FOUR

                                    PRESENT

            THE HONOURABLE MS JUSTICE B S BHANUMATHI

                       WRIT PETITION NO: 15375/2024

Between:

M/s. LLR Constructions                                                ...PETITIONER

                                        AND

The State of Andhra Pradesh and others                            ...RESPONDENT(S)

Counsel for the Petitioner:

1. SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S):

1. GP FOR FINANCE PLANNING

2. GP FOR IRRIGATION COMM AREA DEV The Court made the following Order:

This writ petition is filed seeking the following relief:

"...to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the respondents in withholding the payment of first and final bill amount of Rs.29,10,000/- even after finalizing the bills, payable to the petitioner in relation to the work i.e. "Repairs and Renovation of breached Settigaripalli Cheruvu of Settigaripalli Village in Chittoor Mandal, Chittoor District" vide agreement No.01 FDR DN/2023-24, dated 05.03.2024, as illegal, arbitrary and 2 W.P.No.15375 of 2024 consequently direct the respondents to consider for payment of balance amount of Rs.29,10,000/- with interest @12% per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and pass ..."

2. It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled to the claim amount, no payment is made. The petitioner contends that such non-payment of money is clearly arbitrary and high-handed requiring the interference of this Court.

3. On the other hand, learned Government Pleader for Irrigation, while admitting about the agreement amount, placed on record instructions received from the Executive Engineer, W.R. Department, Irrigation Division, Chittoor, vide Letter No.EE/ID/CTR/WP/288M, dated 02.08.2024. He further submitted that the 2nd respondent has made administrative approval for the bill on 04.10.2023 and the bill is to be submitted to CFMS for making payment.

4. It is pertinent to mention that the petitioner claimed Rs.29,10,000/-, whereas in the written instructions, the amount payable to the petitioner is shown as Rs.21,17,270/-. As such, in view of the claim made by the petitioner, the Order is limited to the amount payable to the petitioner. But this Order does not disentitle the petitioner for higher amount, if he is so entitled.

5. In view of the submissions of the learned counsel for the petitioner and the learned Government Pleader for Irrigation, this Writ Petition is allowed with a direction to the respondents to release the total amount of Rs.21,17,270/- (Twenty-One Lakh Seventeen Thousand Two Hundred Seventy Rupees only) to the petitioner, and the higher amount, if any, payable to the petitioner along with the interest as per the entitlement vide the judgment of the Division Bench of this Court in Writ Appeal No.724 of 2021 and batch of cases dated 12.10.2023, within a period of two (02) months from the date of receipt of a copy of this order.

6. It is open to the petitioner to agitate the claim for higher rate of interest, if any, payable by the respondents, before an appropriate forum. There shall be no order as to costs.

7. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

___________________ ___ JUSTICE B.S. BHANUMATHI Date: 09.12.2024 NSM 4 W.P.No.15375 of 2024 167 THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 15375/2024 Date: 09.12.2024 NSM