Kalahasthi Hemanth Varma vs The State Of Andhra Pradesh
2022 Latest Caselaw 5579 AP

      HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

                     WRIT PETITION No.21936 of 2022

ORDER:

The petitioner had been awarded the contracts for taking

up the work for Repairs to shuttering arrangements to Pallipadu

channel and new zuvvaladinne channel side sluices and Repairs

and replacement of MS Screw gearing shuttering arrangements

to the Indupur Head Regulator near Mopur Village of Allur

Mandal of SPSR Nellore District, vide Agreement

Nos.123/O&M/DN/2019-20 dated 22.11.2019 and 120DN/19-

20 dated 22.11.2019. After execution of the said works, a final

bill for Rs.7,42,247/- 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 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 sum 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 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 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.

24.08.2022 MJA HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

WRIT PETITION No.21936 of 2022

24.08.2022

MJA