HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
W.P.No.12365 of 2022
ORDER:
The petitioner had been awarded the contract for taking up the "NeeruChettu" programme for 1) SP-BPRC-NCP-Desilting and providing protection arrangements at 4 R minor of Gowaravaram Major Distributory of Kavali Canal, 2) SP-BPRC-NCP-Reconstruction of existing path by providing necessary crossing at KM.7.100 of Gowravaram Major Distributory of Kavali Main Canal, 3) SP-BPRC-NCP-Protection arrangements by providing of side walls at KM.1.400 of Gowaravaram Major Distributory of Kavali Canal, 4) SP-BPRC-NCP-Desilting of canal from Km 0.000 to Km 2.400 of Gowaravaram Major Distributory of Kavali Canal and 5) SP-BPRC-NCP-Providing protection arrangements by providing of CC walls from Km 0.080 of Gowaravaram Major Distributory of Kavali Canal. After execution of the said works, a final bill for Rs.32,66,177/- 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 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 2 RRR,J W.P.No.12365 of 2022 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 amounts 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.
27th June, 2022 ssp.
3 RRR,J
W.P.No.12365 of 2022
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
W.P.No.12365 of 2022
27th June, 2022
ssp.