Citation : 2022 Latest Caselaw 3618 AP
Judgement Date : 5 July, 2022
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.15787 of 2022
ORDER:
The petitioner had been awarded the contracts for
development of landscape (Softscape & Hardware) works for
Christian Peta from Godavari Matha Statue to New Gammon
Bridge in 4th ward (3.00 Ac) at Kovvur, West Godavari District
and development of landscape (Softscape & Hardware) works for
Parkat Bridge Peta from Tollgate to Railway Arch Bridge in 15 th
ward (3.00 Ac) at Kovvur, West Godavari District vide Agreement
Nos.135,136/2018-2019/E1. After execution of the said works,
a final bill for Rs.1,48,38,234/- had been prepared on the basis
of Measurement Books 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 for
respondent No.3 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 for respondent No.3, 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.
05.07.2022 RJS
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.15787 of 2022
05.07.2022
RJS
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