Citation : 2022 Latest Caselaw 1705 AP
Judgement Date : 8 April, 2022
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.6914 of 2022
ORDER:
The petitioner had been awarded the contract for
execution of the B.T. road from Chittapara Road to NH.4 via
Battuvandlavooru & Muthuindlavooru of Gudipala Mandal,
Chittoor District, under an Agreement dated 02.01.2019. After
execution of the said contract, a final bill for a sum of
Rs.1,43,18,074/- had been prepared on the basis of
Measurement Book No. 478-A, dated 04.03.2022. 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.
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 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. 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 the amount of Rs.1,43,18,074/- to the petitioner 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.
08.04.2022 CHD
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.6914 of 2022 Date: 08th April, 2022
CHD
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