HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
W.P.No.11972 of 2022
ORDER:
The petitioner had been awarded contract for executing two works, viz., 1) construction of check dam across Mamidikalva Kurugonda Tippa of Kurugonda Village in Ozili Mandal, SPSR Nellore District; and 2) Construction of Check dam across Mamidikalva on u/s of Chillamathur Bridge of Manavali (Manamala) Village in Ozili Mandal, SPSR Nellore District, under Neeru Chettu programme, under different Agreements dated 09.05.2018. After execution of the said works final bills amounting to Rs.28,26,519/- and Rs.28,83,932/- were prepared and submitted to the concerned for payment. As the above payments have not been made by the respondents, the petitioner had 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 sums 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. The learned Government Pleader submits that the respondent authorities are verifying the claims of the petitioner and would be in a position to make payment only after such verification is completed.
2 RRR,J
W.P.No.11972 of 2022
5. In view of the aforesaid directions of this Court in various cases and after hearing the submissions of the learned counsel for the petitioner, learned Government Pleader for Irrigation, this writ petition is disposed of with a direction to the respondents to complete the verification process within a period of three weeks from the date of receipt of a copy of this order and thereafter to pay the amount due to the petitioner, depending upon the outcome of the verification, within a period of six weeks. It is clarified that in the event of the verification process not being completed within the aforesaid period of three weeks, the respondents shall pay the amounts due to the petitioner, without insisting upon any further time for verification. It would also be open to the petitioner to agitate his/her/their claim for interest, if any payable by the respondents, in an appropriate forum. There shall be no order as to costs.
4. As a sequel, pending miscellaneous petitions, if any, shall stand closed.
_________________________ R. RAGHUNANDAN RAO, J.
12th August, 2022 Js.
3 RRR,J
W.P.No.11972 of 2022
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
W.P.No.11972 of 2022
12th August, 2022
Js.