In WP No. 1344 of 2024, the Supreme Court disposed of the petition directed government departments to pay Rs. 12,05,665 to contractors for executed works, awarding 6% interest payable within six weeks despite a pending LOC requirement.
Direct respondents to release Rs. 12,05,665 plus 6% interest per annum within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
THURSDAY, THE FOURTH DAY OF APRIL TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 1344 OF 2024
Between:
Elementary School, Yelamanchili (M), Lakshmipalem, Doddipatia, West Godavari Dist.,
...PETITIONERS
AND
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue order or orders, direction “or directions, Writ or Writs particularly one in the nature Writ of Mandamous or any appropriate writ declare the action of the respondents in not payingthebillsforexecutionof works vide (1). Agreement No. 267/2018-19 Dt-01-10-2018 (2). Agreement No. 281/201819 Dt-01-10-2018 (3). Agreement No. 270/2018-19 Dt-01-102018 (4). Agreement No. 276/2018-19 Dt-01-10-2018 (5). Agreement No. 272/2018-19 Dt-01-10-2018 (6). Agreement No. 279/2018-19 Dt-01-102018 (7). Agreement No. 275/2018-19 Dt-01-10-2018 (8). Agreement No. 284/2018-19 Dt-01-10-2018 (9). Agreement No. 280/2018-19 Dt-01-102018 (10). Agreement No. 282/2018-19 Dt-Oi-10-2018 (11). Agreement No. 277/2018-19 Dt-01-10-2018 (12). Agreement No. 283/2018 19 Dt-01-102018 (13). Agreement No. 285/2018-19 Dt-01-10-2018(14). Agreement No. 271/2018-19 Dt-01-10-2018 (15). Agreement No. 273/2018-19 Dt-01-102018 (16). Agreement No. 286/2018-19 Dt-01-10-2018 awarded by 6th respondent and worth of Rs. 12,05,665/- to the petitioner with 12percent GST and interest till to day from the date of completion of respective works as illegal, arbitrary violation of principles of natural justice and violative of Article 14, 16, 21 of the Constitution of India, consequently direct the respondents to release the bills for the above computed works immediately with 12 % GST.
lA NO: 1 OF 2024
Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to release the amount of Rs. 12,05,665/towards payment of above final bill for the contract works under taken by the petitioner long back, pending disposal of main writ petition pending disposal of the above writ petition.
I'
Counsel for the Petitioner : SRI. K L N SWAMY
Counsel for the Respondent No. 1, 3 5 & 6 : GP FOR IRRI AND CAD
Counsel for the Respondent No. 2 & 4: GP FOR FINANCE & PLANNING
The Court made the following ORDER:
y'
)
THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No. 1344 of 2024
ORDER:
- The petitioner had been awarded the contract of work(s)underthe subject scheme in West Godavari District. After execution of the said contract, a final bill was prepared for a sum of Rs. 12,05,665/- as per the sanctioned orders. As the payment of the said amounthasnotbeen made by the respondents, the petitioner has approached this Court by way of this writ petition.
- This Court, in various orders, including the judgmentofalearned 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.
- 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,Bhimavaramdated
2
04.04.2024. He would submit that LOC is not allotted to the said works, after release of the LOC the bills will be submitted to payment. 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 Rs.12,05,665/to the petitioner, along with the i 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 interest, if any payable by the respondents, mi an appropriate forum. There shall be no order as to costs.
Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.
To,
SD/- U. SRIDEVI //TRUE COPY// ASSISTANT REGISTRAR secton'o^icer
T The Principle Secretary Irrigation Department, State of Andhra Pradesh, Secretariat Buildings, Velagapud i, Amaravathi, Guntur Dist.
/
Godavari District. Respondents The address for service on the abo
10. Three CD Copies
PRK
HIGH COURT
DATED;04/04/2024
ORDER
WP.No.1344of 2024
s t t SEP 20?'! m
^ Current Section
DISPOSING OF THE WP, WITHOUT COSTS
2 issues framed by the court
Whether the High Court can direct the respondents to release pending bills for executed contract works.
Whether arbitrary non-payment of dues by government can be remedied under writ jurisdiction.
Vungarala Lakshmi Narasimha Rao and others
The State of Andhra Pradesh, Rep. by its Principle Secretary, Irrigation Department
The State of Andhra Pradesh, Rep. by its Principle Secretary, Finance and Planning Department
The Engineer in Chief, Irrigation Department
The District Collector, West Godavari
The Superintendent Engineer, Irrigation Department
Venkateswarlu Nimmagadda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
