M/S. Mahitha Constructions, vs The State Of Andhra Pradesh,
2022 Latest Caselaw 4860 AP

            HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

                    WRIT PETITION No.19697 of 2022

ORDER:

The petitioner had been awarded the contracts for i)

Development of landscape works for pinakini park near pennar

river at Nellore Municipal Corporation in division No.50 & ii)

Construction of CC drain and culverts in main road of

Fathekhanpet and pension line in division no.39 in Nellore

Municipal Corporation, SPSR Nellore District, vide Agreement

Nos.197 & 198/DB.II/2018-2019, dated 25.01.2019. After

execution of the said works, a final bill for Rs.7,74,413/- had

been prepared on the basis of Measurement Books and

submitted to the concerned for payment. 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. Sri M.Manohar Reddy, learned Standing Counsel for

respondent Nos.4 to 7 submits that the respondent authorities

are verifying the claims of the petitioner and would be in a

position to make payments 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

Municipal Administration and Sri M.Manohar Reddy, learned

standing counsel for respondent Nos.4 to 7, this writ petition is

disposed of with a direction to the respondents to complete the

verification process within a period of three 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 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.

01.08.2022 BSM

HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

WRIT PETITION No.19697 of 2022

01.08.2022

BSM