Andhra Pradesh High Court - Amravati
B.V.Jayarami Reddy vs The State Of Andhra Pradesh on 25 July, 2022
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
IN THE HIGH COURT OF ANDHRA PRADESH:: AMARAVATHI
HON'BLE SRI JUSTICE NINALA JAYASURYA
WRIT PETITION No.20961 OF 2022
B.V.Jayarami Reddy. ... Petitioner
Versus
The State of Andhra Pradesh represented by
Rep.by its Principal Secretary to Government,
Education Department and Others. ... Respondents
Counsel for the petitioner : M/s.Javvaji Sarath Chandra
Counsel for R1 : Govt. Pleader for Education
Counsel for R2 to R4 : Mr. G.V.S.Kishore Kumar
Standing Counsel for APEWIDC
Counsel for R5 : Mr. Ashok Ram,
Govt. Pleader for Finance
& Planning
ORDER:
The petitioner had been awarded the contract for construction Hostel block for Women in Government Polytechnic at Proddatur Village and Mandal, Kadapa District, under agreement No.SE/AE/2013-14 dated 07.09.2013. After execution of the said contract, a final bill for a sum of Rs.99,32,774/- had been prepared on the basis of the Measurement Book and an amount of Rs.9,68,801/- is due to the petitioner. As the payment of the said due amount has not been made by the respondents, the petitioner has approached this Court by way of this Writ Petition.
2. Heard learned counsel for the petitioner, learned Government Pleader for Education appearing for the respondent No.1, learned Government Pleader for Finance & Planning appearing for the respondent No.5 and Mr. G.V.S.Kishore Kumar, learned Standing Counsel appearing for the respondent Nos.2 to 4. With their 2 consent, the Writ Petition is being disposed of at the admissions stage.
3. It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled for payment of the aforesaid due amount. The petitioner contends that such non- payment of money is clearly illegal and arbitrary requires interference of this Court.
4. This Court, in various orders, including the common order of a learned Single Judge of this Court dated 05.10.2021 in W.P.No.10038 of 2021 & 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.
5. In view of the aforesaid common order passed by this Court in various cases and after hearing the submissions of learned counsel for the petitioner, learned Government Pleader for Education, learned Government Pleader for Finance & Planning and Mr. G.V.S.Kishore Kumar, learned Standing Counsel, this Writ Petition is disposed of with a direction to the respondents to release the due amount of Rs.9,68,801/- to the petitioner at the earliest, and at any rate, within a period of six weeks from today. 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.
_____________________ NINALA JAYASURYA, J.
25-07-2022 NPA 3 323 HON'BLE SRI JUSTICE NINALA JAYASURYA W.P.No.20961 of 2022 25th July, 2022 NPA