M/S 4B Constructions vs The Government Of Andhra Pradesh
2022 Latest Caselaw 3640 AP

           HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

                   WRIT PETITION No.14419 of 2022

ORDER:

The petitioners had been awarded the contracts for taking

up the "Neeru-Chettu" programme for i) O & M, Repairs to the

Regulars to the Regulator cum DLB at KM 5.059 on Bhimandi

Channel in Bhatlapenumarru Village, Movva Mandal, ii) O&M

such as removal of weak growth and repairs to the shutters on

Bandar Canal from KM 35.500 to KM 45.500 and Meduru

Channel from Km 0.000 to Km 17.904 and its branch channels

for the year 2019-20", vide Agreement No.45/2020-21, dated

22.06.2020 and Agreement No.47/2019-20l, dated 13.09.2019.

After execution of the said works, final bills for Rs.35,43,473/-

& Rs.12,57,472 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 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 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. The learned Government Pleader submits that the

respondent authorities are verifying the claims of the petitioner

and would be in a position to make payment 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 amounts 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.

07.07.2022 BSM

HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

WRIT PETITION No.14419 of 2022

07.07.2022

BSM