Andhra Pradesh High Court - Amravati
Goddumuri Krishna Murthy vs The State Of Andhra Pradesh on 6 July, 2022
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.14390 of 2022
ORDER:
The petitioner had been awarded the contract for taking
up the "Neeru-Chettu" programme for (1) de-silting and jungle
clearance of Maddala Vanka and Dolchela vanka near Peapully
Village, (2) de-silting and jungle clearance of Chakkala konda
Vanka near Peapully Village, (3) de-silting and jungle clearance
of Nallavali vanka near Peapully Village, (4) construction of cut
off wall in U/s of bund of Peapully P.T. near Peapully Village, (5)
de-silting and repairs to check dam across Uravanka near
Pothudoddi Village, (6) construction of checkdam across local
vanka near Sy.No.164 near Vengalampalli Village, (7) de-silting
and construction of check dam across Sunkalamma Vanka near
Peapully Village, (8) de-silting and repairs to check dam across
Mabusa Vanka near Peapully Village, vide Agreement
Nos.275/2018-19 dated 16.05.2018, 276/2018-19 dated
16.05.2018, 277/2018-19 dated 16.05.2018, 278/2018-19
dated 16.05.2018, 384/2018-19 dated 22.05.2018, 386/2018-
19 dated 22.05.2018, 520/2018-19 dated 01.06.2018 and
521/2018-19 dated 01.06.2018. After execution of the said
work, final bills for Rs. 7,25,196/- Rs.5,65,667/- Rs.3,26,521/-
Rs.6,09,372/- Rs.5,11,431/- Rs.4,93,814/- Rs.7,46,245/-
Rs.7,12,462/-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.
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W.P.No. 14390 of 2022
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 amount due to the
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W.P.No. 14390 of 2022
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.
06.07.2022
MJA
RRR,J
W.P.No. 14390 of 2022
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.14390 of 2022
06.07.2022
MJA
