R. Lakshumaiah, vs The State Of Andhra Pradesh,
2022 Latest Caselaw 5175 AP

           HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

                    WRIT PETITION No.20756 of 2022

ORDER:

The petitioner had been awarded the contracts for taking

up the "Neeru-Chettu" programme for De-silting of Mala vagu

from Subbi Reddy fields to Porumamilla tank and De-silting of

feeder channel from check dam to road and Porumamilla tank

near Thokalapalli Village in Porumamilla Mandal, YSR Kadapa

District, vide Agreement Nos.104/2018-19 dated 01.10.2018

and 708/2017-18 dated 05.01.2018. After execution of the said

works, final bills for Rs.9,10,270/- Rs.8,26,060/- had been

prepared and submitted to the concerned for payment. As the

payment of the said amounts has 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 for Irrigation has

filed counter affidavit stating 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.

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 amounts 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.

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

stand closed.

____________________________ R. RAGHUNANDAN RAO, J.

16.08.2022 MJA HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

WRIT PETITION No.20756 of 2022

16.08.2022

MJA