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.4174 of 2022
ORDER:
The petitioner had been awarded the contract for the work i.e., 1) providing Balance Internal CC roads and Drains in SC Colony in Bhattiprolu Village and Mandal, 2) providing Internal CC roads and Drains at SC Colony of Chintamotu Village of Bhattiprolu Mandal, 3) providing Balance internal CC roads and Drains in SC Colony of Kannegantivaripalem Village of Bhattiprolu Mandal, 4) providing Internal CC Roads and Drains in SC Colony of Konetipuram Village of Bhattiprolu Mandal, 5) providing Balance Internal Roads and Drains in SC colony of Pedalanka Village of Bhattiprolu Mandal, 6) providing Balance Internal CC Roads and Drains in SC Colony of Pedapulivarru Village of Bhattiprolu Mandal, 7) providing Balance Internal CC Roads and Drains in SC Colonies of Surepalli Village of Bhattiprolu Mandal and 8) providing Balance Internal CC Roads and drains in SC Colonies of Vellaturu Village of Bhattiprolu Mandal Guntur District, under agreement dated 16.08.2018. After execution of the said contract, a final bill for a sum of Rs.16,36,506/-. 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 2 RRR,J W.P.No.4174 of 2022 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 Panchay` at Raj and learned counsel appearing for the respondents, this writ petition is disposed of with a direction to the respondents to release the amount of Rs.16,36,506/- 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.4174 of 2022 HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO W.P.No.4174 of 2022 24th February, 2022 BSM.