S.R. Decorators, v. The District Collector,

THE HON'BLE SRI JUSTICE A.V. SESHA SAI WRIT PETITION No.38867 of 2013 ORDER:

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

"to issue Writ of Mandamus declaring the action of the respondents in not paying the petitioner's bills to a tune of Rs.2,76,000/- is illegal, arbitrary, unconstitutional and consequentially to direct the respondents to pay the petitioner's bill to a tune of Rs.2,76,000/- with interest." Heard Sri Ch. Satish Kumar, learned counsel for the petitioner and learned Government Pleaders for respondents. According to the petitioner, the petitioner herein is a Contractor and executing the contract works for the last 15 to 20 years in Medak and Karimnagar Districts. The respondents herein allotted the work to the petitioner on 09-05-2006 and the same was completed by the petitioner herein.

It is also the submission of learned counsel for the petitioner herein that despite completion of work the respondents herein did not completely pay the amount to the petitioner herein. It is further pleaded that basing on the representations made by the petitioner herein the District Collector, Medak - 1st respondent herein vide letter, dated 20-07-2006 requested the Executive Engineer, Roads and Buildings, Sangareddy - 2nd respondent herein to collect amounts from various departments and to pay the bill amounts to the petitioner herein.

for payment of amounts.

In the counter affidavit deposed by the Executive Engineer, Roads and Buildings, Siddipet Division it is stated that the balance amount to be paid to the petitioner is Rs.2,75,758/- and for which the concerned departments have already been requested to provide funds as per the orders issued by the 1st respondent - District Collector, Medak and immediately on receipt of the funds, balance amount would be paid to the petitioner herein. This Court does not find any justification on the part of the respondents herein and asking the petitioner to wait till eternity having got the work executed.

For the aforesaid reasons, the writ petition is disposed of, directing the respondents herein to arrange to pay the amounts due to the petitioner herein within a period of four (4) months from the date of receipt of a copy of this order as per law. There shall be no order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed.

___________________ A.V. SESHA SAI, J June 29, 2015 Pn THE HON'BLE SRI JUSTICE A.V. SESHA SAI

WRIT PETITION No.38867 of 2013 June 29, 2015 Pn