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Judgment
The petitioners had been awarded the contract of work(s) under the subject scheme Krishna District (Now in NTR District). After execution of the said contract, a final bill was prepared for the sum of Rs.5,92,561/- as per the sanctioned orders. As the payment of the said amount has not been made by the respondents, the petitioner has approached this Court by way of this writ petition.
It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled for payment of Rs.5,92,561/-, no payment is being made. The petitioner contends that such non-payment of money is clearly arbitrary and high-handed requiring the interference of this Court.
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 and that such dues need to be cleared by the respondents at the earliest.
On the other hand, learned Standing Counsel for the Andhra Pradesh State Christian Minorities Finance Corporation has placed on record the written instructions received from the Managing Director, Tadepalli admitting net amount of Rs.5,92,561/- payable to the petitioner. But, the subject bill was not uploaded for payment because the bills was processed to the Commissioner, Minorities Welfare, Tadepalli for issuing of orders towards re-allotment of lapsed funds of admitted amount. After receiving orders, they will release the payment to the concerned.
In view of the aforesaid directions of this Court in various cases and after hearing the submissions of learned counsel for the petitioner, learned Standing Counsel for APSCMFC, this Writ Petition is disposed of with a direction to the Respondent Nos.8 and 9 to release the admitted amount of Rs.5,92,561/- to the petitioner within a period of two (02) months. No order as to costs.
In fact there is no admission by the Respondents either in their Written Instructions regarding the payment of interest component or by oral submissions made by the Government Pleader/Standing Counsel for Respondents. Much less, the interest component as claimed by the petitioner was neither admitted nor approved at their final bills of the respondents. Hence, in the absence of any such admission, this Court is not inclined to grant any specific amount as it admitted under the head of interest. However, the Petitioner is entitled for interest component as per the terms of Agreement if permits and also in the case of delayed payments, as per the ratio laid down by the Division Bench of this Court in W.A.No.724 of 2021. Therefore, the respondents are hereby directed to pay admitted amount Rs.5,92,561/- within a period of two (02) months from the date of receipt of copy of this order.
As far as interest is concerned, if both parties have agreed regarding the quantum of amount towards interest, the same should be paid along with admitted amount, if not, petitioner is at liberty to submit a representation or a Memo of Statement requesting for payment of interest. If petitioner is entitled for the same, after such submission of representation or Memo, the concerned respondent authorities shall consider and pass appropriate orders after providing opportunity of hearing to both parties in case of rejection or reduction of interest amount claimed by the petitioner, within a period of two (02) months thereafter.
Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.