Sujith Constructions vs. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.17835 OF 2023

ORDER:

This writ petition under Article 226 of Constitution of India is filed to issue writ of mandamus, declaring the action of respondents in withholding the payment of bill, payable to the petitioner in relation to the execution of work under the subject scheme, as illegal, arbitrary and contrary to the principles of natural justice.

2. It is the case of the petitioner that the petitioner has executed the work under the subject scheme, the respondents having been satisfied with the execution of work, prepared the bill, but the amount was not paid, for different reasons.

3. During hearing, learned Government Pleader for Irrigation placed on record, the written instructions passed by the Executive Engineer, Nellore, dated 10.01.2024, stating that LOC is not allotted to the work. Soon after release of LOC, the bills would be submitted to payment.

4. In view of the instructions placed on record, the respondents are directed to pay the undisputed amounts of Rs.3,58,642/-, Rs.5,00,994/-, Rs.6,65,140/- and Rs.5,69,756/- 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 six (06) weeks from the date of receipt of a copy of this order, failing which the bill amounts will carry interest @ 12% per annum, till the actual payment of the amount to the petitioner.

5. With the above directions, the Writ Petition is disposed of, without touching the merits, as to the maintainability of the writ petition. 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

24.01.2024 MJA/KPV

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION No.17835 of 2023

24.01.2024

MJA/KPV

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