Murapaka Jyothi Lakshmi vs. The State Of Andhra Pradesh
Held
The Court held that the non-payment of the admitted dues was arbitrary. Following its own previous orders and a Division Bench judgment in Writ Appeal No.724 of 2021 and batch dated 12.10.2023, the Court directed the respondents to release the amount of Rs.7,41,085/- to the petitioner. Additionally, the Court ordered the payment of interest at the rate of 6% per annum. The respondents were given a period of six weeks from the date of receipt of the order to make the payment. The petitioner was also granted liberty to agitate for a higher rate of interest, if applicable, in an appropriate forum. No order as to costs was made.
Facts
The petitioner, who was awarded a contract for works under the "Neeru-Chettu" scheme in Vizianagaram District, sought payment of a final bill amounting to Rs.7,41,085/- after execution of the contract. The petitioner approached the High Court by way of a writ petition as the payment was not being made by the respondents. The petitioner contended that the non-payment was arbitrary despite the respondents admitting the entitlement to the sum. The respondents, through the learned Government Pleader, admitted the claim but stated that updated GST details were required for uploading the agreement in CFMS, and these details had not been received from the petitioner, thus preventing bill processing.
Key Issues
1. Whether the non-payment of the admitted contractual dues of Rs.7,41,085/- by the respondents to the petitioner is arbitrary and warrants interference by this Court under Article 226 of the Constitution of India? Petitioner's arguments: The petitioner argued that the respondents admitted the entitlement to the payment of Rs.7,41,085/-, but the continued non-payment was arbitrary and high-handed, necessitating judicial intervention. The petitioner relied on previous orders of the Court, including a 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. Revenue's arguments: The learned Government Pleader for Irrigation, while admitting the petitioner's claim, submitted instructions from the Executive Engineer stating that updated GST details were required for uploading agreement details in CFMS. The respondents contended that payment could not be processed as GST details had not been received from the petitioner, and payment would be made soon after their submission.
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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.11565 of 2023 ORDER:
The petitioner had been awarded the contract of work(s) under the scheme of “Neeru-Chettu” in Vizianagaram District. After execution of the said contract, a final bill was prepared for a sum of Rs.7,41,085/- 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
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non-payment of dues is arbitrary and that such dues need to be cleared by the respondents at the earliest.
On the other hand, learned Government Pleader for Irrigation while admitting about t
The judgment continues below.
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