Citation : 2022 Latest Caselaw 4939 AP
Judgement Date : 2 August, 2022
HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No. 21928 of 2022
ORDER:
The petitioner has been awarded the contract to undertake the
work i.e., Construction of culvert at Sonneganipalli-Kutheganipalli
road at Santhipuram Village and Mandal, Chittoor District and to that
effect, the 4th respondent entered into an agreement with the
petitioner. After execution of the said contract, a final bill for a sum
of Rs.2,88,148/- had been prepared on the basis of Measurement
Book. 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 sum of money, no payment is made so far. 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 learned counsel for the petitioner
and learned counsels appearing for the respondents, this Writ Petition
is disposed of with a direction to the respondents to release the net
amount of Rs.2,22,124/- 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. If the respondents fail to pay the said amount within the
stipulated period, the petitioner is entitled for interest @12% per
annum. There shall be no order as to costs.
Consequently, Miscellaneous Petitions, if any, pending in this
Writ Petition shall stand closed.
____________________________________ VENKATESWARLU NIMMAGADDA, J 2nd August, 2022 cbs
HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.21928 of 2022
2nd August, 2022 cbs
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