Citation : 2022 Latest Caselaw 5686 AP
Judgement Date : 29 August, 2022
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.23001 of 2022
ORDER:
The petitioner had been awarded the various
contracts for O&M category A -2019-20 (khariff) -Removal of
weed (Shoals and Water Hyacinth) from the beds in Kovur
Mandal, SPSR Nellore District, under various agreements. After
execution of the said works, final bills for Rs.11,91,859/-,
Rs.18,58,193/- & Rs.12,66,713/-, 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 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.
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.
29.08.2022 BSM
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.23001 of 2022
29.08.2022
BSM
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