Citation : 2022 Latest Caselaw 4782 AP
Judgement Date : 1 August, 2022
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.19974 of 2022
ORDER:
The petitioners have been awarded various contracts for
taking up the "Neeru-Chettu" programme for Desilting of Attili
Canal, Moyyeru Channel and Murgucodu of Chitakapadu drain
in Undrajavaram Mandal and Atthili Mandal, West Godavari
District, under various Agreements. After execution of the said
works, a final bill for Rs.10,38,554/- 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
petitioners have approached this Court, by way of this writ
petition.
2. It is the contention of the petitioners that even
though the respondents admitted that the petitioners are
entitled for payment of the aforesaid sums of money, no
payment is being made. The petitioners contend 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. The learned Government Pleader submits that the
respondent authorities are verifying the claims of the petitioners
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 petitioners, 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 amount due to the petitioners
depending upon the outcome 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 amount due to the
petitioners, without insisting upon any further time for
verification. It would also be open to the petitioners 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.
01.08.2022 RKS
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.19974 of 2022
01.08.2022
RKS
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