Andhra Pradesh High Court - Amravati
Rapaka Uday Bhaskar Rao, vs The State Of Andhra Pradesh, on 5 July, 2022
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
W.P.No.16398 of 2022
ORDER:
The petitioner had been awarded the contracts for the execution of
the works (1) O & M - Formation of Cross bund across Mogallu Medium
Drain at Km 1.60, EarlaCodu Medium Drain at Km 3.50 & 4.80, Manchili
Medium Drain at Km 2.80, GedelaCodu Minor Drain at Km 0.900 of
Mogallu (V) UraCodu Minor drain at Km 0.300, GedelaCodu Minor drain at
Km 0.00 of Korukollu (V) under drainage section No.1, Bhimavaram (2) O
& M- Formation of Cross bund across Gostanadi Major Drain at Km 8.00,
Pali Medium Drain at Km 3.20, BorraCodu Minor Drain at Km 1.20 and
ValasaCodu Minor drain at Km 1.20 under drainage section No.1,
Bhimavaram, (3) O & M- Formation of cross bund across Pali Medium
Drain at Km 0.05 Korrukollu Minor Drain at Km 0.60 & 4.30 BorraCodu
Minor Drain at Km 0.30, Kukkalakodu Minor Drain at Km 0.10, Ranga Raju
Minor Codu Drain at Km 1.00, Addacodu Minor Drain at Km 0.00, Ravi
Codu Minor Drain at Km 0.00 and Mirramiacodu Minor Drain at Km 1.500
under drainage section No.1, Bhimavaram, (4) O & M- Formation of cross
bund across Pali Medium Drain at Km 0.05, Korukollu Minor Drain at Km
0.60 & 4.30, BorraCodu Minor Drain at Km 0.30, Kukkalacodumainor drain
at Km 0.10, Ranga Raju Codu Minor Drain at Km 1.00, AddaCodu Minor
Drain at Km 0.00, Ravi Codu Minor Drain at Km 0.00, SanthaCodu Minor
drain at Km 0.00 and Miramiacodu Minor drain at Km 1.500 under
drainage section No.1, Bhimavaram, vide Agreement Nos. 81/2019-20
dated 09.03.2020, 98/2020-21 dated 24.03.2021, 97/2020-21 dated
24.03.2021, 80/2019-20 dated 09.03.2020. After execution of the said
works, a final bill for Rs.24,03,088/- had been prepared and submitted to
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W.P.No.16398 of 2022
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.
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.
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W.P.No.16398 of 2022
As a sequel, pending miscellaneous petitions, if any, shall stand
closed.
_________________________
R. RAGHUNANDAN RAO, J.
05.07.2022
Mja
4 RRR,J
W.P.No.16398 of 2022
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
W.P.No.16398 of 2022
05.07.2022
Mja
