Citation : 2022 Latest Caselaw 5594 AP
Judgement Date : 24 August, 2022
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.22009 of 2022
ORDER:
The petitioners had been awarded the various
contracts for Improvements to tanks, surplus weir & bridge in
Santhakaviti Mandal, Srikakulam District, under various
agreements. After execution of the said works, final bills for
Rs.6,75,322/-, Rs.3,66,722/- & Rs.7,60,140/-, 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 petitioners had approached this Court, by way
of this writ petition.
2. It is the contention of the petitioners that even
though the respondents admitted that the petitioners are
entitled for payment of the aforesaid sum of money, no payment
is being made. The petitioners contend 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 stating that the respondent authorities are
verifying the claims of the petitioners 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 petitioners, 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 petitioners
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
petitioners, without insisting upon any further time for
verification. It would also be open to the petitioners 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 BSM
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.22009 of 2022
24.08.2022
BSM
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