M/S. SRI LAKSHMI TRADERS vs THE STATE OF ANDHRA PRADESH

THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.

4970 of 2023 ORDER: The Writ Petition is filed under Article 226 of the Constitution of India seeking to declare the action of the respondents in not releasing the amount for supplying the machineries/equipments to the respondent authorities by the petitioner even though an amount of Rs.59,45,718/- is illegal, arbitrary and consequently direct the respondents to pay the admitted amounts of Rs.59,45,718/- with cumulative interest and to pass such other orders.

2.

Heard learned counsel for the petitioner and learned Assistant Government Pleader appearing for the respondents.

3.

Learned counsel for the petitioner submits that even though respondents admitted that the petitioner’s firm is entitled for payment of the aforesaid sum of money, no payment is being made and such non- payment of money is clearly arbitrary and high-handed and thereby requires interference by this Court.

He further submits that having approved the bills with CFMS token numbers, non-payment of bill amount is arbitrary and illegal.

4.

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 2 and that such dues needs to be cleared by the respondents at the earliest.

5.

Learned Government Pleader submits that the respondent- authorities are verifying the claims of the petitioners and would be in a position to make payments only after such verification is being completed.

6.

In view of the aforesaid directions of this Court in various cases and after hearing both sides, this Court is inclined to dispose of the writ petition with a direction to the respondents to complete the verification process within a period of six (06) weeks from the date of receipt of a copy of this order and thereafter to pay the amounts due to the petitioner depending upon the outcome of the verification within a period of e eriod of eight (08) weeks.

It would also be open to the petitioner to agitate their claim for interest, if any, payable by the respondents in an appropriate forum.

7.

In view of the same, the writ petition is disposed of.

No costs.

As a sequel miscellaneous applications, pending, if any, shall also stand closed. __________________ JUSTICE D.RAMESH Date: 21.6.2023 Pnr