Shaik Jani vs. The State Of Andhra Pradesh

Held

The Court allowed the writ petition. It directed the respondents to release the amount of Rs. 5,55,026/- to the petitioner within two months from the date of receipt of the order. This direction was based on the petitioner's entitlement, as per the judgment of the Division Bench of the High Court in Writ Appeal No. 724 of 2021 and batch of cases dated 12.10.2023. The Court also noted that if the petitioner was entitled to any higher amount, that would also be paid. The Court did not expressly leave any issue undecided, as the core issue of payment was addressed.

Facts

The petitioner, Shaik Jani, filed a writ petition seeking payment of Rs. 5,55,026/- out of a gross amount of Rs. 6,02,569/- for work done under Agreement No. 19KW/2023-24, dated 01.07.2023, involving O&M repairs to canal branches. The petitioner contended that the respondents admitted the entitlement but failed to make the payment, which was considered arbitrary. The respondents, through the Executive Engineer, K.W. Division, Tenali, admitted the work value as Rs. 6,55,586/- (including work done, NAC, and GST) and confirmed the work completion on 27.12.2023. However, they cited non-availability of funds as the reason for non-payment, assuring payment upon fund release.

Key Issues

1. Whether the respondents' failure to pay the admitted amount of Rs. 5,55,026/- to the petitioner for completed work under Agreement No. 19KW/2023-24 is illegal, arbitrary, and violative of Articles 14, 19(1)(g), and 21 of the Constitution of India? Petitioner's arguments: The petitioner argued that despite the respondents admitting the entitlement to the payment, the non-payment was arbitrary and high-handed, necessitating court intervention. The petitioner sought a direction for immediate payment of the first and final bill. Respondents' arguments: The respondents, while admitting the claim and the value of work done, attributed the delay in payment to the non-availability of funds. They assured that payments would be made once funds were released by the Government. They relied on written instructions from the Executive Engineer.