IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

MONDAY ,THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FOUR

PRESENT

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION NO: 6998/2024

Between:

N Venu Gopal Reddy ...PETITIONER

[3329]

AND

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

Counsel for the Petitioner:

1.MAHESWARI ARIKA

Counsel for the Respondent(S):

1.GP FOR ROADS BUILDINGS (AP)

2.GP FOR FINANCE PLANNING (AP)

The Court made the following:

1. The petitioner had been awarded various contract works under the subject scheme in SPSR Nellore District. After execution of the said contract, a final bill was prepared for a sum of Rs.80,92,767/- 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 Assistant Government Pleader for Roads and Buildings placed on record written instructions dated 22.03.2024 submitted by the Executive Engineer (R&B) Division, Gudur, Tirupati, admitting about the claim of the petitioner. 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, learned Government Pleader, this Writ Petition is disposed of with a direction to the respondents to release an amount of Rs.80,92,767/- 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 three (03) 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.

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

________________________________ VENKATESWARLU NIMMAGADDA, J

Date: 15.07.2024 SP

THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION NO: 6998/2024

Date: 15.07.2024

SP