Citation : 2022 Latest Caselaw 3401 AP
Judgement Date : 4 July, 2022
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.8138 of 2022
ORDER:
The husband of the 1st petitioner had been awarded the
contracts for providing WBM Road from EP No.1/359 to bypass
road and Anandapeta Road to EP.No.1/375 in 1st ward;
providing WBM Road from Anandapeta Main Road to
EP.No.1/382 to Kondaparthi Eswara Prasad House and from
E.P.No.1/371 to 1/373 in 1st ward; providing CC Road along
with sub jail drain from EP.No.9/175 to 9/179 in
Aseervadapuram 9th ward and providing CC Road to Maggala
colony along drain in 30th ward vide agreement
Nos.90/SC.SP.2016-17 and 91/SC.SP.2016-17 dated
20.09.2016. After execution of the said works, a final bill for
Rs.22,32,229/- towards balance amount of Rs.22,02,854/- and
EMD of Rs.29,375/- had been prepared on the basis of
Measurement Book and submitted to the concerned for
payment. As the payment of the said amount has not been made
by the respondents, the petitioner has 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. Sri M.Manohar Reddy, learned standing counsel for
respondent No.5 submits that the respondent authorities are
verifying the claims of the petitioner and would be in a position
to make payments 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
Municipal Administration and Sri M.Manohar Reddy, learned
standing counsel for respondent No.5, 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 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.
04.07.2022 RJS
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.9452 of 2022
04.07.2022
RJS
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