Andhra Pradesh High Court
WRIT PETITION 17411 of 2022 on 1 December 2018
THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI
WRIT PETITION NO.23638 OF 2023
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ORDER:
The present Writ Petition is filed seeking the following relief:
“..declaring the action of the Respondents in withholding the payment of 2nd and final bill amount of Rs.3,32,279/-, Rs.8,80,080/- and Rs.5,24,033/- totally amount 17,36,392/- even after finalizing the bills payable to the petitioner in relation to the works i.e., 1)Providing BT road from Kaputemburu to Nowgam road singupuram, hukumpeta of Nadigam mandal with 5mt span 2 vants bridges of Srikakulam district vide Agreement No /2018-19 dt 07.01.2019, 2)Providing BT road from Tekkali-Temburu bt road to kandikapeta via prasurampuram (3.50km length) of tekkali constituency of Srikakulam district vide Agreement No /2018-19 dt 07.01.2019, 3)Special repairs to narendrapuram junction to pathakkali via vallabharayapuram of nandigam mandal in tekkali assembly constituency of Srikakulam district vide Agreement No /2018-19 dt 01.12.2018 is questioned as the same is illegall, arbitrary and consequently direct the respondents to consider for payment of balance amount of Rs.3,32,279/-, Rs.8,80,080/- and Rs.5,24,033/- totally amount 17,36,392/- with interest 12 percentage per annum for the delayed amount to the petitioner in respect of execution of abovementioned work forthwith and pass..”
2. Heard Sri Suresh Kumar Reddy Kalava, learned counsel for the petitioner, learned Assistant Government Pleader for Finance and learned Assistant Government Pleader for Panchayat Raj.
3. Learned Assistant Government Pleader of Panchayat Raj submitted that, on 19.09.2023, the authorities have admitted to pay Rs.4,78,930/- as against the claim made by the petitioner, but in fact, the said amount was wrongly given for only one work. He further submitted that, on instructions dated 10.10.2023, the authorities have admitted to pay an amount to a tune of Rs.17,36,392/- as claimed by the petitioner for all the works that have been done. He further submitted that, in similar set of facts this Court passed Order dated 28.06.2022 in W.P.No.17411 of 2022 thereby granted six(06) weeks time and prayed to consider this case also in the same lines.
4. To the said submission, learned counsel for the petitioner reported no objection.
5. Taking into consideration the submissions of both the learned counsel, this Writ Petition is also disposed of, at the admission stage, in terms of the orders passed in W.P.No.17411 of 2022, dated 28.06.2022.
Accordingly, the respondents are directed to release the legally admitted/entitled amount to the petitioner at the earliest, and at any rate, within a period of six (06) weeks from the date of receipt of copy of this order. It would be open for the petitioner to agitate his claim for interest, if any, payable by respondents. There shall be no orders as to costs.
Accordingly, the writ petition is disposed of. No costs. Miscellaneous applications, pending if any, shall stand closed.
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JUSTICE RAVI CHEEMALAPATI