PSR Constructions, vs The State of Andhra Pradesh,

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THE HON’BLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION No.19360 of 2023 Between:- PSR Constructions Rep. by its Managing Director Sri.

K.

Madhava Rao ….

Petitioner And The State of Andhra Pradesh, Represented by its Principal Secretary, Irrigation Department & 5 others ….

Respondents Counsel for the Petitioner : M/s.

Sri Vineeth Appasani Counsel for the Respondents : Learned Government Pleader for Irrigation & CAD (Water Resources Department) Learned Government Pleader for Finance & Planning ORDER: The present Writ Petition is filed to declare the action of the respondents in not releasing the amount of Rs.31,63,512/- with an interest at 18 % per annum for the works executed by the petitioner vide agreement No.05/2021-22 dated 19.04.2021 as illegal, arbitrary, etc., and for consequential direction to the respondents to release the above said bill amount.

2.

Heard learned Counsel for the petitioner.

Also heard learned Assistant Government Pleader for Irrigation & CAD and the learned Assistant Government Pleader for Finance & Planning representing the respondents.

2 With their consent, the Writ Petition is being disposed of, at the admission stage.

3.

Learned counsel for the petitioner states that the petitioner completed the above mentioned work to the satisfaction of the respondent authorities.

He further submits that the bills in respect of the same have not been paid so far and in view of the delay on the part of the respondents in releasing the amount, the petitioner is facing financial crisis.

Under the said circumstances, the present Writ Petition is filed.

4.

Learned Assistant Government Pleader for Irrigation & CAD placed a copy of the brief instructions dated 30.08.2023 received from the 5th respondent for perusal of this Court, wherein it is inter alia mentioned in the Status of bill column that ‘Bill waiting for Fund Clearance’.

5. rance’.

5.

Therefore, in view of the undisputed position with regard to the execution of the work by the petitioner and non-payment of bill in respect of the same, this Court, being of the opinion that the action of the respondents in not paying the bill amount to the petitioner is unjust, not tenable, however, is inclined to grant some time to the respondents to make the payment.

6.

Accordingly, the Writ Petition is disposed of, with a direction to the respondents to arrange to pay the amount, which is due and payable to the petitioner, in respect of the works-in-question, after effecting the statutory 3 deductions, as expeditiously as possible, at any rate, within a period of eight (8) weeks from the date of receipt of a copy of this Order.

It is needless to mention that the petitioner may raise its claim with regard to the interest component before appropriate Forum, if it is so advised.

There shall be no order as to costs.

As a sequel, all pending applications shall stand closed. ___________________________ JUSTICE NINALA JAYASURYA Date: 30.08.2023 IS/GVK 4 164 THE HON’BLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION No.19360 of 2023 Date: 30.08.2023 IS/GVK