M/S Aditya Polymers vs The State Of Andhra Pradesh

Citation : 2022 Latest Caselaw 3442 AP
Judgement Date : 5 July, 2022

Andhra Pradesh High Court - Amravati
M/S Aditya Polymers vs The State Of Andhra Pradesh on 5 July, 2022
               HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

                             W.P.No.16685 of 2022

ORDER:

The petitioner had been awarded the contracts for the execution of

(i) providing Distribution System at 13th and 14th wards of Ponnur Municipality (ii) providing Distribution System at DVCC Colony and Alur Road at 7th ward of Ponnur Municipality, (iii) Replacement of Damaged Distribution Pipelines at 22nd and 23rd wards of Ponnur Municipality (iv) providing Distribution System at Jaibharat Reddy Nagar of Ponnur Municipality, (v) Replace of Damaged Distribution pipeline at 12th ward of Ponnur Municipality (vi) Replacement of Damaged Distribution Pipeline at 7th and 14th wards of Ponnur Municipality (vii) providing Distribution System at 19th, 22nd and 23rd wards of Ponnur Municipality, vide proceedings No. Rc.No.407/2018-19, dated 10.09.2018, Rc.No.405/2018- 19, dated 10.09.2018, Rc.No.411/2018-19, dated 10.09.2018, Rc.No.406/2018-19, dated 10.09.2018, Rc.No.410/2018-19, dated 10.09.2018, Rc.No.409/2018-19, dated 10.09.2018, Rc.No.408/2018-19, dated 10.09.2018. After execution of the said works, a final bill for Rs.30,09,286/- had been prepared and submitted to the concerned for payment. 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 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.

                                           2                           RRR,J
                                                       W.P.No.16685 of 2022




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.

The learned Government Pleader submits that the respondent authorities are verifying the claims of the petitioner and would be in a position to make payments only after such verification is completed.

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 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.

As a sequel, pending miscellaneous petitions, if any, shall stand closed.

_________________________ R. RAGHUNANDAN RAO, J.

05.07.2022
Ssp/Mja
                        3                            RRR,J
                                     W.P.No.16685 of 2022




     HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO




              W.P.No.16685 of 2022




                05.07.2022

Ssp/Mja