Allowed

K Siva Sankar Reddy v. the State of Andhra Pradesh

Andhra Pradesh HC2 Apr 2024WP/5780/2024

Case brief

AI extract

What is this about?

In a writ petition concerning unpaid work contract dues, the Court directed the State of Andhra Pradesh to release Rs. 2,84,198/ along with 6% annual interest within two months, citing prior judgments establishing non-payment as arbitrary.

What did the court decide?

Directed respondents to release Rs. 2,84,198/ with 6% p.a. interest within two months.

K Siva Sankar Reddy Vs the State of Andhra… — Service and Employment | Andhra Pradesh HC (2024)

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APHC010109542024

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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[3329]

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WEDNESDAY ,THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 5780/2024

Between:

K Siva Sankar Reddy

...PETITIONER

AND

The State Of Andhra Pradesh and Others

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...RESPONDENT(S)

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Counsel for the Petitioner:

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MARELLA RADHA

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Counsel for the Respondent(S):

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GP FOR FINANCE PLANNING

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GP FOR IRRIGATION COMM AREA DEV

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The Court made the following:

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ORDER:

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The petitioner has been awarded the contract of work(s) under the subject scheme in Kurnool District. After execution of the said contract, final bill was prepared for a sum of Rs.2,84,198/- 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.

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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 highhanded requiring the interference of this Court.

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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.

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On the other hand, learned Government Pleader submits that the respondents are ready to pay the amount due to the petitioner.

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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.2,84,198/- to the petitioner, along with the 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 two (02) months 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, in an appropriate forum. There shall be no order as to costs.

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Consequently, Miscellaneous Petitions, if any, pending in this Writ

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Petition shall stand closed.

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VENKATESWARLU NIMMAGADDA, J

03.04.2024

BSP