Andhra Pradesh High Court - Amravati
M/S Aditya Polymers vs The State Of Andhra Pradesh on 5 July, 2022
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
W.P.No.16685 of 2022
ORDER:
The petitioner had been awarded the contracts for the execution of
(i) providing Distribution System at 13th and 14th wards of Ponnur
Municipality (ii) providing Distribution System at DVCC Colony and Alur
Road at 7th ward of Ponnur Municipality, (iii) Replacement of Damaged
Distribution Pipelines at 22nd and 23rd wards of Ponnur Municipality (iv)
providing Distribution System at Jaibharat Reddy Nagar of Ponnur
Municipality, (v) Replace of Damaged Distribution pipeline at 12th ward of
Ponnur Municipality (vi) Replacement of Damaged Distribution Pipeline at
7th and 14th wards of Ponnur Municipality (vii) providing Distribution
System at 19th, 22nd and 23rd wards of Ponnur Municipality, vide
proceedings No. Rc.No.407/2018-19, dated 10.09.2018, Rc.No.405/2018-
19, dated 10.09.2018, Rc.No.411/2018-19, dated 10.09.2018,
Rc.No.406/2018-19, dated 10.09.2018, Rc.No.410/2018-19, dated
10.09.2018, Rc.No.409/2018-19, dated 10.09.2018, Rc.No.408/2018-19,
dated 10.09.2018. After execution of the said works, a final bill for
Rs.30,09,286/- 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 has approached this Court by way of this writ
petition.
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.
2 RRR,J
W.P.No.16685 of 2022
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.
The learned Government Pleader 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.
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 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.
05.07.2022
Ssp/Mja
3 RRR,J
W.P.No.16685 of 2022
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
W.P.No.16685 of 2022
05.07.2022
Ssp/Mja
