The vs Unknown

Citation : 2023 Latest Caselaw 363 AP
Judgement Date : 25 January, 2023

Andhra Pradesh High Court - Amravati
The vs Unknown on 25 January, 2023
            HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

                 WRIT PETITION No.37203 of 2022

ORDER:

The petitioner had been awarded the contracts for taking up "Neeru-Chettu" Programme for Repairs to Ayacut road from P.Narayana Reddy field to Basid Ahmed field and Construction of new Check dam 1 across Kakileru vagu vijaya Bhaskara Reddy (Sy.No.1641/a) near Parumanchala Village, Jupadu bunglow Mandal, Kurnool District, vide Agreement No.3203/2018-19 and Agreement No.3049/2018-

19. After execution of the said works, final bills for Rs.8,18,565/- and Rs.8,25,125/- 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 had approached this Court, by way of this writ petition.

2. 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 2 non-payment of money is clearly arbitrary and high-handed requiring the interference of this Court.

3. 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.

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

5. 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 3 of the verification, within a period of six weeks. It is clarified that in the event of the verification process not being completed within the aforesaid period of three weeks, the respondents shall pay the amounts due to the petitioner, without insisting upon any further time for verification. 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 25.01.2023 RKS