Citation : 2022 Latest Caselaw 1657 AP
Judgement Date : 7 April, 2022
THE HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
W.P.No.6446 of 2022
ORDER
The petitioner had been awarded the contract for seven works
under Agreement No. /2018-19, dated 21.01.2019 and 02.01.2019. After
execution of the said works, final bills for the amounts viz., (i)
Rs.1,35,132/- for providing plant to Social Welfare Hostel at Kambalapadu
village; (ii) Rs.1,35,132/- providing plant to Social Welfare Hostel in
Yerukalacheruvu village; (iii) Rs.1,35,250/- for providing plant to Social
Welfare Girls Hostel at Kondapeta, Kodamuru village; (iv) Rs.1,35,250/-
for providing plant to Social Welfare Boys Hostel in Kodamuru village; (v)
Rs.1,35,250/- for providing plant to Social Welfare Boys Hostel in C.
Belegal Village; (vi) Rs.1,35,250/- for providing plant to Social Welfare
Girls Hostel beside MRO Office in Gudur Village; and (vii) Rs.1,35,250/- for
providing plant to Social Welfare Hostel for Boys in Gudur Village; in total
Rs.9,46,514/- had been prepared and submitted to the respondents. As
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
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.
RRR,J W.P.No.6446 of 2022
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 Panchayat Raj and learned
counsel appearing for the respondents, this writ petition is disposed of
with a direction to the respondents to release a total amount of
Rs.9,46,514/- to the petitioner for the works executed by him, at the
earliest, and at any rate, within a period of six weeks from the date of
receipt of a copy of this order. It would also be open to the petitioner to
agitate his 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.
7th April, 2022 Js.
RRR,J W.P.No.6446 of 2022
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
W.P.No.6446 of 2022
7th April, 2022
Js
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