HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
W.P.No.16398 of 2022
ORDER:
The petitioner had been awarded the contracts for the execution of the works (1) O & M - Formation of Cross bund across Mogallu Medium Drain at Km 1.60, EarlaCodu Medium Drain at Km 3.50 & 4.80, Manchili Medium Drain at Km 2.80, GedelaCodu Minor Drain at Km 0.900 of Mogallu (V) UraCodu Minor drain at Km 0.300, GedelaCodu Minor drain at Km 0.00 of Korukollu (V) under drainage section No.1, Bhimavaram (2) O & M- Formation of Cross bund across Gostanadi Major Drain at Km 8.00, Pali Medium Drain at Km 3.20, BorraCodu Minor Drain at Km 1.20 and ValasaCodu Minor drain at Km 1.20 under drainage section No.1, Bhimavaram, (3) O & M- Formation of cross bund across Pali Medium Drain at Km 0.05 Korrukollu Minor Drain at Km 0.60 & 4.30 BorraCodu Minor Drain at Km 0.30, Kukkalakodu Minor Drain at Km 0.10, Ranga Raju Minor Codu Drain at Km 1.00, Addacodu Minor Drain at Km 0.00, Ravi Codu Minor Drain at Km 0.00 and Mirramiacodu Minor Drain at Km 1.500 under drainage section No.1, Bhimavaram, (4) O & M- Formation of cross bund across Pali Medium Drain at Km 0.05, Korukollu Minor Drain at Km 0.60 & 4.30, BorraCodu Minor Drain at Km 0.30, Kukkalacodumainor drain at Km 0.10, Ranga Raju Codu Minor Drain at Km 1.00, AddaCodu Minor Drain at Km 0.00, Ravi Codu Minor Drain at Km 0.00, SanthaCodu Minor drain at Km 0.00 and Miramiacodu Minor drain at Km 1.500 under drainage section No.1, Bhimavaram, vide Agreement Nos. 81/2019-20 dated 09.03.2020, 98/2020-21 dated 24.03.2021, 97/2020-21 dated 24.03.2021, 80/2019-20 dated 09.03.2020. After execution of the said works, a final bill for Rs.24,03,088/- had been prepared and submitted to 2 RRR,J W.P.No.16398 of 2022 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.
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.
3 RRR,J
W.P.No.16398 of 2022
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
_________________________ R. RAGHUNANDAN RAO, J.
05.07.2022
Mja
4 RRR,J
W.P.No.16398 of 2022
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
W.P.No.16398 of 2022
05.07.2022
Mja