Citation : 2022 Latest Caselaw 3662 AP
Judgement Date : 6 July, 2022
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.14384 of 2022
ORDER:
The petitioner had been awarded the contracts for taking
up the "Neeru-Chettu" programme for the works of (1) repairs to
ayacut road from Km 1.200 to Km 3.000 of Sirivella-Peruru
Rastha of KC Main Canal, (2) repairs to ayacut road from Km
3.000 to Km 4.700 of Sirivella-Peruru Rastha of KC Main Canal,
(3) repairs to ayacut road from Devarapalle Srinivasa Reddy
Field to Devarapalli Ramana Reddy Field near Venkateswara
Village, (4) repairs to ayacut road from Madhusudha Reddy Field
to Bala Krishna Reddy Field near Sirivella Village, (5)
improvemens to Dori Vagu near Sirivella Village of Sirivella
Mandal, vide Agreement Nos. 383/2018-19, 381/2018-19,
1949/2018-19, 1954/2018-19, 1955/2018-19. After execution
of the said works, final bills for Rs.9,95,200/-, Rs.9,97,286/-,
Rs.9,94,962/-, Rs.9,95,408/- and Rs.4,56,522/- 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
money is clearly arbitrary and high-handed requiring the
interference of this Court.
RRR,J W.P.No. 14384 of 2022
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.
RRR,J W.P.No. 14384 of 2022
As a sequel, pending miscellaneous petitions, if any, shall
stand closed.
____________________________ R. RAGHUNANDAN RAO, J.
06.07.2022 MJA
RRR,J W.P.No. 14384 of 2022
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.14384 of 2022
06.07.2022
MJA
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