M/S RAGHAVA CONSTRUCTIONS INDIA PVT LTD vs THE STATE OF AP

THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO.5425 OF 2023 ORDER: The present Writ Petition is filed seeking the following relief: “..declaring the action of the Respondents in withholding the payment of amount of Rs.1,73,23,083/- SCP Grant Rs.5,73,88,905/- Plain Grant even after finalizing the bills payable to the petitioner in relation to the works i.e., Consists of Twenty two works in Kurabalakota, Peddamandyam, B.Kothakota, Molakalacheruvu, P.T.M and Thamballapalle Mandals of Chittoor District vide agreement No. /2021-22 dt.30.12.2021 is questioned as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of Rs.1,73,23,083/- SCP Grant Rs.5,73,88,905/- Plain Grant Consists of Twenty two works in Kurabalakota, Peddamandyam, B.Kothakota Molakalacheruvu, P.T.M and Thamballapalle Mandals of Chittoor District vide agreement No. /2021-22 dt 30.12.2021 with interest 24 percent 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 for Panchayat Raj on written instructions dated 02.09.2023 submitted that, the authorities have admitted to pay the legally entitled amount to a tune of Rs.7,47,11,988/- under two bills(Rs.5,73,88,905+Rs.1,73,23,083/-), as 2 claimed by the petitioner and both the bills are waiting for fund clearance and sought four(04) months time for payment.

4.

To the said submission, learned counsel for the petitioner reported no objection.

5.

Taking into consideration the submissions of both the learned counsel and as the authorities are ready to pay the legally entitled amount to the petitioner, this court is inclined to dispose of the writ petition, at the admission stage with the following direction. direction.

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 four(04) months from the date of receipt of copy of this order.

It would be open to the petitioner to agitate his claim for interest, if any, payable by the respondents, if he is so advised, in an appropriate forum.

Accordingly, the writ petition is disposed of.

No costs.

Miscellaneous applications, pending if any, shall stand closed. ________________________ JUSTICE RAVI CHEEMALAPATI 12.09.2023, BRS