Citation : 2022 Latest Caselaw 3402 AP
Judgement Date : 4 July, 2022
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.9452 of 2022
ORDER:
The petitioner had been awarded the contract for
construction of Community Hall in 25th ward of (near Jamia
Masjid) in Machilipatnam Municipality, under an agreement.
After execution of the said works, a final bill for Rs.1,39,989/-
towards balance amount of Rs.1,82,140 and EMD of Rs.11,861
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
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 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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