Writ petition seeking payment of pending bills under a fisheries tender. The court directed respondents to complete verification of the claim within six weeks and pay amounts due thereafter within eight weeks.
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IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI (Special Original Jurisdiction)
FRIDAY, THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO: 22003 OF 2023
Between;
4 Proprietor, AP R/o ^PP-^'ric Hanuman Temple New Gajuwaka Visakhapatnam, AP O/o Temporary Residing At Srikakulam District ...PETITIONER
AND
DistTcr-5222T7^'^"^^'^^’ Velagapudi,(v)Amaravathi,
J. The Commissioner of Fisheries, Poranki Bandar Road A.P., Vijayawada
NTR District.
...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 a writ, order ManHamiio i • direction, particularly one In the natureofWritof andamus declaring the action of the respondents Particularly the 3"'' and 5*'^ respondents not considering the representation dated 7^2^2022 as Hleqal kSooO/ !.^? respondents in not Paying pending biiisamou!f®oJ PavaNJ?n (Twenty three Lakhs Ninety seven thousand rupees) Pursuant to the tender Letter. No 3001/31/2017 01^122018.and the request vide reference cited in spite of the petitioner have made a namrarhjsti'rr and contrary principies of thorlanatural just ce andPf consequently3.9T000/Lakhsdirectin wordsthe respondents(Twenty threeto payLLhsthe Ninetrsevlpendinq bills thousand rupees) with interest @24% from the date of due. ^
lA NO; 1 OF 2n2.-^
e respondents to pay the pending bills amount of Rs.23,97000/- Lakhs in
words (Twenty three Ninety seven thousand rupees) with interest @24 % From the date of due .Pending disposal of the main writ petition.
Counsel for the Petitioner: SRI M. KRISHNA RAO
Counsel for the Respondent No.1: GP FOR FINANCE AND PLANNING
Counsel for the Respondent Nos.2 to 5: GP FOR FISHERIES
The Court made the following: ORDER
HONOURABLE SMT. JUSTICE V.SUJATHA
WRIT PETITION No.22003 of 202S
ORDER:
The present Writ Petition came to be filed under Article
226 of the Constitution of India seeking the followingrelief;-
... to issue a writ, order or direction particularlyoneinthe nature of Writ of Mandamus declaring the action ofthe respondents particularly the 3'-^ and 5th respondents not considering the representation dated 7.12.2022 as illegal, arbitrary while so the respondents in not paying pending bills amount of Rs.23,97,000/- (Twenty three lakhs Ninety seven thousand rupees) payable to the petitioner pursuantto the tender Letter No.3001/Jl/2017 DT 6.12.2018 and the request vide reference cited in spite of the petitionerhave made a representation/reminders as illegal, arbitrary, violation and contrary to the principles of natural justice and consequently direct the respondents to pay the pendingbills amount of Rs.23,97,000/- (Twenty three lakhs Ninety seven thousand rupees) with interest 24% from the date ofdue....”.
- Heard learned counsel for the petitioner, learned Government Pleader for Finance 8& Planning appearing for respondent No.l and learned Government Pleader for Fisheries appearing for respondents No.2 to 5.
- Learned counsel for the petitioner submits that even though respondents admitted that the petitioner are entitled
2
for payment of the aforesaid sum of money, no payment is being made and such non-payment of money is clearly arbitrary and high-handed and thereby requires interference by this Court.
- This Court, in various orders, including the judgmentof 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 suchdues needs to be cleared by the respondents at the earliest.
- Learned Government Pleader for Fisheries submits that the respondent authorities are verifying the claims of the petitioner and would be in a position to make payments only after such verification is being completed.
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petitioner depending upon the outcome of the verification within a period of eight (08) weeks.
- With the above direction, the Writ Petition is disposedof.
No costs.
Miscellaneous petitions pending, if any, in this Writ
Petition shall stand closed.
To,
//TRUE COPY//
SD/- B. PRASADA RAO ASSISTANT REGISTRAR SECTION^fecER
^ [OUT]"^^ Finance and Planning, High Court of Andhra 8. Two CC’s to GP for Fisheries, High Court of A.P. at AmaravatifOUTl 9. Three CD Copies.
Ssb
MBT
HIGH COURT
'/ DATED: 05/01/2024
ORDER
WP.No.22003 of 2023
DISPOSING OF THE W.P. WITHOUT COSTS
1 issue framed by the court
Whether the respondents could withhold payment of pending bills of Rs.23,97,000/- due to the petitioner under a fisheries tender despite admitted entitlement.
1 provisions across 1 enactments
Proprietor, AP (R/o Hanuman Temple, New Gajuwaka, Visakhapatnam)
The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance
The Special Chief Secretary, Animal Husbandry, Dairy Development and Fisheries (Fish) Department
The Commissioner of Fisheries
The District Collector, Srikakulam District
The Joint Director of Fisheries, Srikakulam
V. Sujatha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
