Creative Engineering ... vs The State Of Andhra Pradesh,
2022 Latest Caselaw 3448 AP

                 HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

                               W.P.No.16531 of 2022

ORDER:

The petitioner had been awarded the contracts for the execution of

supply and fixing of 20 watts AC LED Sets (including all fixing

accessories), Street lighting, supply and fixing of 120 watts LED flood

lights (including all fixing accessories), supply and fixing of 200 watts LED

flood lights (including all fixing accessories), supply and fixing of 50/60

watts LED flood lights (including all fixing accessories), supply and fixing

of 50 watts LED lamps B22 with holders, supply & laying of 10 Sqmm

4 crore XLPE aluminium cable @ New Municipal Office in Nellore Municipal

Corporation and providing one side staggered lighting with 9 mts

architectural poles and 120W designer street lights from Magunta

Subbarami Reddy statue to Magunta layout under bridge junction vide

Agreement Nos.DB-II/180/2019-20, dated 06.01.2020, DB-II/179/2019-20

dated 06.01.2020, DB-II/209/2019-20, dated 03.02.2020, DB-

II/210/2019-20, dated 03.02.2020, DB-II/211/2019-20, dated 03.02.2020,

DB-II/237/2019-20, dated 19.02.2020, DB-II/238/2019-20, dated

19.02.2020, DB-II/5/2018-19, dated 13.02.2019,. After execution of the

said works, final bills for Rs.90,147/- Rs.90,437/- Rs.92,300/-

Rs.92,460/- Rs.91,086/- Rs.92,139/- Rs.83,037/- Rs.14,69,380/-

respectively 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 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 2 RRR,J W.P.No.16531 of 2022

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.

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.16531 of 2022




     HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO




              W.P.No.16531 of 2022




                05.07.2022

Ssp/Mja