THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.25177 of 2023
ORDER:
1. The petitioner had been awarded various contract works in West
Godavari District. After execution of the said contract, a final bill was
prepared for a sum of Rs.1,17,41,707/- 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 [Link].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 Government Pleader for Irrigation while
admitting about the claim of the petitioner placed on record instructions
received from the Executive Engineer, Godavari Western Division,
Nidadavole, dated 30.10.2023. 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
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will be paid to the petitioner for an amount of 1) Rs.26,62,000/- vide
Agreement No.120/2022-23 2) Rs.8,22,000/- vide Agreement
No.123/2022-23, 3) Rs.8,11,000/- vide Agreement No.124/2022-23, 4)
Rs.19,79,000/- vide Agreement No.121/2022-23, 5) Rs.17,30,000/- vide
Agreement No.122/2022-23, 6) Rs.7,61,000/- vide Agreement
No.125/2022-23, 7) Rs.7,79,000/- vide Agreement No.126/2022-23 and
8)Rs.7,19,000/- vide Agreement No.127/2022-23.
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 for Irrigation this Writ Petition is disposed of with a
direction to the respondents to release the amount of an amount of 1)
Rs.26,62,000/- vide Agreement No.120/2022-23, 2) Rs.8,22,000/- vide
Agreement No.123/2022-23, 3) Rs.8,11,000/- vide Agreement
No.124/2022-23, 4) Rs.19,79,000/- vide Agreement No.121/2022-23, 5)
Rs.17,30,000/- vide Agreement No.122/2022-23, 6) Rs.7,61,000/- vide
Agreement No.125/2022-23, 7) Rs.7,79,000/- vide Agreement
No.126/2022-23 and 8) Rs.7,19,000/- vide Agreement No.127/2022-23;
dated 02.03.2023, 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. It
would also be open to the petitioner to agitate his claim for higher rate of
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interest, if any payable by the respondents, in an appropriate forum. There
shall be no order as to costs.
Consequently, Miscellaneous Petitions, if any, pending in this Writ
Petition shall stand closed.
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VENKATESWARLU NIMMAGADDA, J
07.11.2023
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