Contractor sought payment of an approved final bill for desilting tank works that remained unpaid despite admission of entitlement. Court directed respondents to release Rs.7,55,209/- with 6% interest within six weeks, leaving higher interest claims to a separate forum.
Direction to release Rs.7,55,209/- with 6% per annum interest 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.
'6 7
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
FRIDAY. THE NINETEENTH DAY OF APRIL TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 2871 OF 2024
Between:
Sri P Anil Kumar Reddy, S/o. Krishna Reddy Age 45 years, R/o. Kappagunta Kandriga Village Pellakur Mandal, Tirupati District.
...PETITIONER
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 a writ, order, or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in not paying bill amount of Rs. 7,55,209/- towards the work executed by the petitioner i.e O and M - Category A - 2020-21 (Khariff) - Desilting in the bed of Anna Tank and Duwala Tank and Pandluru Tank Supply Channel in Pandluru (V) in Naidupet (M) SPSR Nellore District under Agreement No. 10 DN/2020-21, Dated 17.09.2020, in spite of approval, as illegal, arbitrary, malafidy, against to the principles of natural justice, contrary to law and in violation of Article 14, 21 and 19(1)(g) of the Constitution of India and consequently direct the respondents to pay the approved bill amount along with interest to the petitioner in the interest of justice.
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 {p pay bill amount of Rs. 7,55,209/towards the work executed by the^'petitioner i.e O and M - Category A - 2020-21 (Khariff) - Desilting in the bed of Anna Tank and Duwala Tank and Pandluru Tank Supply Channel in Pandluru (V) in Naidupet (M) SPSR Nellore District under Agreement No. 10 DN/2020-21, Dated 17.09.2020, pending disposal of the above writ petition in the interest of justice.
Counsel for the Petitioner(s): SRI. KAMBHAMPATI RAMESH BABU
Counsel for the Respondents 1, 3 to 5 : GP FOR IRRIGATION AND CAD Counsel for the Respondent No.2 : GP FOR FINANCE & PLANNING
The Court made the following: ORDER
1 i
s
THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.2871 of 2024
ORDER:
- The petitioner had been awarded the contract of work(s)underthe subject scheme in SPSR Nellore District. After execution of the said contract, a final bill was prepared for a sum of Rs.7,55,209/- 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.10038of2021 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, Gudur dated
2
is not allotted to the said works, 28.03.2024. He would submit that LOC is _ after release of the LOC the bills will be submitted to payment.
Consequently , Miscellaneous Petitions, if any, pending in this Wnt
Petition shall stand closed.
SDI- G.HELANAIDU ASSISTANT REGISTRAR
//TRUE COPY//
To,
NTR District.
Madhu
sf:.
HIGH COURT
DATED:19/04/2024
ORDER
WP.No.2871 of 2024
m
g 0 3 JUL 202*1 P9
^ . Currsat Section
DISPOSING THE WP WITHOUT COSTS
1 issue framed by the court
Whether the respondents could withhold payment of the petitioner's admitted final bill of Rs.7,55,209/- for desilting works executed under Agreement No.10 DN/2020-21.
Sri P Anil Kumar Reddy
The State of AP, Rep. by its Principal Secretary, Irrigation and CAD Department
The Principal Secretary, Finance and Planning Department, Government of Andhra Pradesh
The Engineer-in-Chief, Irrigation and CAD Department
The Commissioner, CADA, Andhra Pradesh
The Executive Engineer, W.R.D, Nellore South Division, Gudur
Venkateswarlu Nimmagadda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
