HON'BLE SRI JUSTICE K.SURESH REDDY
Writ Petition No.22070 of 2021
ORDER:-
This writ petition is filed seeking the following relief:-
"Writ Order or direction more particularly one in the
nature of Writ of Mandamus declaring the action of the
respondents in not releasing the bill amount of Rs.51,17,250/-
with interest as per the agreement No.48 SE/2018-19, dated 25.05.2018 in relation to the execution of work "Neeru-Chettu- Improvements to K.T.S., Channel with CC Walls near Batladinne Village in Kavali Mandal of SPSR Nellore District", to the petitioner till today, as illegal, arbitrary, violation of Articles 14, 19 (1)(g), 21 and 300-A of the Constitution of India and consequently direct the respondents to release the bill amount of Rs.51,17,250/-, with interest"
2. Heard Sri Pandu Ranga Rao, learned counsel for the petitioner as well as Sri B.Dharani Kumar, learned Assistant Government Pleader for Irrigation and Common Area Development (CAD).
3. The 5th respondent invited bids in Tender Notice No.36/2017- 2018, dated 29.03.2018 for execution of work "Neeru-Chettu- Improvements to K.T.S., Channel with CC Walls near Batladinne Village in Kavali Mandal of SPSR Nellore District". The petitioner participated in the tender and became the lowest bidder and he has 2 entered into an agreement No.48 SE/2018-19, dated 25.05.2018. Thereafter, the petitioner commenced the work and completed the same successfully without any complaint from the authorities. In spite of completion of work, the respondents have not paid the final bill amount of Rs.51,17,250/-.
4. The learned Government Pleader did not dispute the execution of work and non-payment of the final bill and also stated that the respondents-authorities are verifying the claims of the petitioner and would be in a position to make payments only after such verification is being completed.
5. 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.
6. In view of the aforesaid directions of this court in various cases and after hearing both sides, this writ petition is disposed of with a direction to the respondents to complete the verification process within a period of three (3) 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 3 three (3) 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. No costs.
Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
_______________ K.SURESH REDDY,J 19th day of October,2022 RPD 4 HON'BLE SRI JUSTICE K. SURESH REDDY WRIT PETITION No. 22070 of 2021 Dated: 19.10.2022 RPD