HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
W.P.No.16531 of 2022
ORDER:
The petitioner had been awarded the contracts for the execution of supply and fixing of 20 watts AC LED Sets (including all fixing accessories), Street lighting, supply and fixing of 120 watts LED flood lights (including all fixing accessories), supply and fixing of 200 watts LED flood lights (including all fixing accessories), supply and fixing of 50/60 watts LED flood lights (including all fixing accessories), supply and fixing of 50 watts LED lamps B22 with holders, supply & laying of 10 Sqmm 4 crore XLPE aluminium cable @ New Municipal Office in Nellore Municipal Corporation and providing one side staggered lighting with 9 mts architectural poles and 120W designer street lights from Magunta Subbarami Reddy statue to Magunta layout under bridge junction vide Agreement Nos.DB-II/180/2019-20, dated 06.01.2020, DB-II/179/2019-20 dated 06.01.2020, DB-II/209/2019-20, dated 03.02.2020, DB- II/210/2019-20, dated 03.02.2020, DB-II/211/2019-20, dated 03.02.2020, DB-II/237/2019-20, dated 19.02.2020, DB-II/238/2019-20, dated 19.02.2020, DB-II/5/2018-19, dated 13.02.2019,. After execution of the said works, final bills for Rs.90,147/- Rs.90,437/- Rs.92,300/- Rs.92,460/- Rs.91,086/- Rs.92,139/- Rs.83,037/- Rs.14,69,380/- respectively had been prepared and submitted to the concerned for payment. As the payment of the said amounts 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 2 RRR,J W.P.No.16531 of 2022 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.
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.16531 of 2022
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
W.P.No.16531 of 2022
05.07.2022
Ssp/Mja