K. Venkat Reddy, v. The Govt. Of A.P.

THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI Writ Petition No.7151 of 2012 ORDER:

This writ petition under Article 226 of the Constitution of India is filed seeking the following relief/s:

'...to issue Writ, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent in not taking any action in not releasing the payment of work bill amount from the last decade period for Rs.8,11,565/- rightfully due to him together with interest @ 15% per annum from the date of check measurement, as highly illegal, arbitrary and contrary to the Judgments of this Hon'ble Court and consequently direct the respondents to make the due payments of work bill together with interest thereon and pass such other order or orders....' [Reproduced verbatim] I have heard the submissions of the learned counsel for the writ petitioner and the learned Assistant Government Pleader for Panchayat Raj appearing for the respondents.

I have perused the pleadings in the writ petition and the counter affidavit of the 4th respondent. The case of the writ petitioner is that he had completed, in all respects, the contract work satisfactorily both qualitatively and quantitatively and that the bill amount that is finally due in a sum of Rs.8,11,565/- is not released since a decade and that, therefore, he is entitled to payment of the said amount with interest at 15% per annum simple from the date of check measurement and that the non payment of the said bill amount is illegal and arbitrary.

A perusal of the counter affidavit of the 4th respondent would show that the final bill of the work recorded in page no.56 of the Measurement Book in 20/RWS/A/94 is pending due, due to the paucity of funds; however, the Executive Engineer, RWS&S, Karimnagar had addressed a letter to the Engineer-in-Chief, RWS&S, Hyderabad for release of pending Minimum Need Programme Work bill for Rs.8,11,565/- (principal amount with interest)

vide Lr.No.EE/RWS/KNR/TO/2012-13 dated 05.05.2012. In view of the above averment in the counter affidavit, the learned counsel for the writ petitioner would submit that the claim of the writ petitioner is admitted but the claimed amount is not paid only due to paucity of funds inspite of a letter addressed for release of pending Minimum Need Programme Work bill in a sum of Rs.8,11,565/-, which includes interest upto the date of filing of the writ petition.

Having regard to the averments in the counter admitting the claim of the petitioner, this Court of the well considered view that the writ petitioner is entitled to the relief claimed.

Accordingly, the Writ Petition is allowed directing the respondents to pay the final bill amount due in a sum of Rs.8,11,565/-, which includes interest, with further interest at 12% per annum from the date of the filing of the writ petition till the date of payment.

There shall be no order as to costs.

Miscellaneous petitions pending, if any, in this writ petition shall stand closed.

__________________ M. SEETHARAMA MURTI, J 11.02.2016 Vjl