L. Harerama Reddy vs The State Of Ap
2022 Latest Caselaw 5143 AP

                 HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

                                 W.P.No.11972 of 2022

ORDER:

The petitioner had been awarded contract for executing two works,

viz., 1) construction of check dam across Mamidikalva Kurugonda Tippa of

Kurugonda Village in Ozili Mandal, SPSR Nellore District; and 2)

Construction of Check dam across Mamidikalva on u/s of Chillamathur

Bridge of Manavali (Manamala) Village in Ozili Mandal, SPSR Nellore

District, under Neeru Chettu programme, under different Agreements

dated 09.05.2018. After execution of the said works final bills amounting

to Rs.28,26,519/- and Rs.28,83,932/- were prepared and submitted to the

concerned for payment. As the above payments have not been made by

the respondents, the petitioner had 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. The learned Government Pleader submits that the

respondent authorities are verifying the claims of the petitioner and would

be in a position to make payment only after such verification is completed.

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                                                       W.P.No.11972 of 2022

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 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 petitioner, 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 amounts 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.

4. As a sequel, pending miscellaneous petitions, if any, shall

stand closed.

_________________________ R. RAGHUNANDAN RAO, J.

12th August, 2022 Js.

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                                      W.P.No.11972 of 2022




      HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO




               W.P.No.11972 of 2022




                 12th August, 2022

Js.