M/S. SRI SAI PHARMA vs THE STATE OF ANDHRA PRADESH

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2023 Supreme(Online)(AP) 19937

HIGH COURT OF ANDHRA PRADESH FRIDAY ,THE THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE PRSENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 27791 OF 2023 Between:
1. M/S. SRI SAI PHARMA Rep by its Proprietor, Ch. Srinivasa Rao S/o.Veera Raghavaiah, Aged about 50 Years, R/o.D.No. 11-35-18B, Kotamrajuvari Street, Vijayawada-520001, Andhra Pradesh.
...PETITIONER(S)
AND:
1. THE STATE OF ANDHRA PRADESH Rep. by its Principal Secretary, Health Medical and Family Welfare Department, Secretariat, Velagapudi, Guntur District
2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, Secretariat Building, Velagapudi, Amaravathi, Guntur District.
3. Andhra Pradesh Center for Financial Systems and Services (APCFSS), Rep. by its Chairman and Special Chief Secretary, Government of Andhra Pradesh, 6th Floor, C-Block, Anjaneya Towers, Ibrahimpatnam, Krishna District - 521456.
4. The Commissioner of Public Health and Family Welfare The State of Andhra Pradesh, Gollapudi, Vijayawada, Krishna District
5. The Director of Public Health and Family Welfare The State of Andhra Pradesh, Gollapudi, Vijayawada, Krishna District
6. The Collector and District Magistrate, West Godavari District, Eluru.
7. The District Medical and Health Officer, West Godavari District, Eluru.
...RESPONDENTS Counsel for the Petitioner(s): HARISH KATIPALLI Counsel for the Respondents: GP FOR MEDICAL HEALTH FW(AP)
The Court made the following: ORDER THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.27791 of 2023

ORDER:

1. The petitioner had been awarded the contract of work for “Supply Lab materials for Health and Wellness centers in the West Godavari District”. After execution of the said contract, a final bill was prepared for a sum of Rs.2,88,750/- 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.

2. It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled for payment of the aforesaid sum of money, 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.

3. 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.

4. Learned Government Pleader for Medical and Health, on oral instructions, submitted that the respondents admitted the bills claimed by the petitioner. He would further submit that as the budget was not released by the Government, bills were not paid to the petitioner. Soon after release of the budget by the Government, bills will be paid to the petitioner.

5. In view of the aforesaid directions of this Court in various cases and after hearing the submissions of learned counsel for the petitioner, learned Government Pleader for Medical and Health, this Writ Petition is disposed of with a direction to the respondents to release the amount of Rs.2,88,750/- to the petitioner, along with the interest @ 6% per annum, in view of the judgment of the Hon’ble Division Bench of this Court in Writ Appeal No.724 of 2021 and batch dated 12.10.2023, within a period of six (06) weeks from the date of receipt of a copy of this order. It would also be open to the petitioner to agitate his claim for higher rate of interest, if any payable by the respondents, in an appropriate forum. There shall be no order as to costs.

Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

_______________________________ VENKATESWARLU NIMMAGADDA, J

03.11.2023 LSP THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.27791 of 2023

03.11.2023 LSP

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