Andhra Pradesh High Court - Amravati
B Chinna Chowdanna vs The State Of Andhra Pradesh on 6 July, 2022
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.14355 of 2022
ORDER:
The petitioner had been awarded the contracts for taking
up the "Neeru-Chettu" programme for the works of (1) de-silting
in Kundu vagu from Km 0.320 to 0.470 near Thogarchedu
Villlage, (2) de-silting of local vanka near Mandaluru Village, (3)
de-silting of Kadapavani kunta near Mandaluru Village,
(4) de-silting of Kommeni vagu from Ch 1.0250 Km to 1.2250
Km near Nagireddypalli Village, (5) de-silting Kommeni vagu
from Ch. 1.230 Km to 1.430 Km near Nagireddypalli Village,
(6) de-silting Kommeni vagu from Ch. 1.435 Km to 1.635 Km
near Nagireddypalli Village, (7) de-silting of Kommeni vagu from
Ch. 0.820 Km to 1.020 near Nagireddypalli Village, Allagadda
Mandal of Kurnool District, vide Agreement Nos. 24/2018-19,
582/2018-19, 663/2018-19, 1826/2018-19, 1825/2018-19,
1824/2018-19 and 1827/2018-19 . After execution of the said
works, final bills for Rs.8,73,107/-, Rs.9,19,585/-,
Rs.9,20,899/-, Rs.9,17,824/-, Rs.9,19,644/-, Rs.9,19,644/-,
Rs.9,15,482/- 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 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
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W.P.No. 14355 of 2022
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
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W.P.No. 14355 of 2022
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.
06.07.2022
MJA
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W.P.No. 14355 of 2022
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.14355 of 2022
06.07.2022
MJA
