Citation : 2022 Latest Caselaw 3602 AP
Judgement Date : 5 July, 2022
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.12689 of 2022
ORDER:
The petitioner had been awarded various contracts for
taking up the "Neeru-Chettu" programme for Construction of
Check dams in Chinna vanka near Kodumur Village and
Mandal, Kurnool District, vide i) Agreement No.1150/2018-19,
ii) Agreement No.1148/2018-19, and iii) Agreement
No.1149/2018-19, dated 20.07.2018. After execution of the said
works, final bills for Rs.7,32,397/-, Rs.7,24,652/- and
Rs.7,29,679/- had been prepared and submitted to the
concerned for payments. As the payment of the said amounts
has not been made by the respondents, the petitioner had
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 payments of the aforesaid sums of money, no payments is
being made. The petitioner contends that such non-payments 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-payments of dues is arbitrary and that such
dues need to be cleared by the respondents at the earliest.
4. 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.
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
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 amounts due to the petitioner
depending upon the outcome of the verification, within a period
of six weeks. It is clarified that in the event of the verification
process not being completed within the aforesaid period of three
weeks, the respondents shall pay the amountss due to the
petitioner, without insisting upon any further time for
verification. 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 SR
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.12689 of 2022
05.07.2022
SR
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