Mogilisetty Sundara Bala Srinivasa Rao vs. The State Of Andhra Pradesh
Held
The Court held that the non-payment of admitted dues by the respondents was arbitrary and required intervention. Following its own previous directions and the submissions of both parties, the Court disposed of the writ petition. The respondents were directed to release the admitted amounts for the three works: Rs. 20,77,124/- for work No.1, Rs. 37,14,163/- for work No.2, and Rs. 25,89,825/- for work No.3. Additionally, the respondents were ordered to pay interest at the rate of 6% per annum on these amounts, referencing a Division Bench judgment in Writ Appeal No.724 of 2021 and batch dated 12.10.2023. This payment was to be made within three months from the receipt of the order. The petitioner was also granted liberty to pursue a claim for a higher rate of interest in an appropriate forum. No order as to costs was made.
Facts
The petitioner, awarded contracts for three works in Krishna District, sought payment for completed work. The final bills were Rs. 20,77,124/- for work No.1, Rs. 37,14,163/- for work No.2, and Rs. 25,89,825/- for work No.3. Despite the respondents admitting entitlement to payment, the petitioner approached the High Court due to non-payment, alleging arbitrary and high-handed action. The respondents, through the learned Government Pleader, stated that payment would be processed after the release of BRO (Budget Release Order). The Court referred to previous judgments where non-payment of dues was deemed arbitrary.
Key Issues
1. Whether the non-payment of admitted dues to the petitioner for the completed works is arbitrary and requires the interference of this Court, as per the petitioner's contention? 2. Whether the respondents are liable to pay the admitted amounts to the petitioner, and if so, within what timeframe? Petitioner's Arguments: The petitioner contended that the respondents admitted the petitioner's entitlement to the sum of money for the completed works, yet no payment was being made. This non-payment was characterized as arbitrary and high-handed, necessitating judicial intervention. The petitioner relied on previous orders of the Court, including a learned Single Judge's judgment dated 05.10.2021 in W.P.No.10038 of 2021 and batch, which held similar non-payments as arbitrary and requiring prompt clearance. Respondents' Arguments: The learned Government Pleader for Irrigation admitted the petitioner's claim. However, instructions received indicated that the BRO had not been allotted for the said works. Payment would be processed after the release of the BRO.
AI-generated summary — verify with the full judgment below
THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.2148 of 2024 ORDER:
The petitioner had been awarded the contract of work(s) under the subject scheme in Krishna District. After execution of the said contracts, final bills were prepared for three works, work No.1 an amount of Rs. 20,77,124/-, work No.2 an amount of Rs.37,14,163/- and work No.3 an amount of Rs.25,89,825/- 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.
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.
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.
The judgment continues below.
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