Andhra Pradesh High Court - Amravati
Venigalla Siva Prasad vs The State Of Andhra Pradesh on 11 July, 2022
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
W.P.No.9390 of 2022
ORDER:
The petitioner had been awarded the contracts for the execution of
the works (1) providing CC road from Kaki Nagamani (D.No.11-794/3)
house to Electrical Pole (Pole No.119/B/2/2) in 21st ward, (2) providing CC
road from Akurathi Rama Rao, D.No.5-182D house to Chebrolu Gopala
Rao D.No.5-180/2 in 9th ward, (3) modelization of Anganwadi center in
municipal school for nursery and LKG rooms in Bank Colony 31st ward, (4)
modelization of anganwadi center in municipal school for UKG and
verandah in Bank Colony 31st ward, (5) providing CC road from Kondeti
Venkateswara Rao house D.No.11-827 to municipal well in 21st ward, (6)
balance CC road by the side of Gopalakrishna Theater Road in 27th and
29th ward, (7) providing CC road at Koppurao colony main road balance
road in 20th ward, (8) raising CC drain from SR Plaza to Mallela Ankaiah
(Dr.No.5-502J01) in 20th ward, (9) raising CC drain from Mahankali
Rambabu D.No.5-520J4 house to Sri Kodanda Ayurveda Nilayam D.No.5-
502 in 20th ward, vide Agreement Nos. 134/2017-18, 154/2017-18,
155A/2017-18, 156A/2017-18, 169/2017-18, 170/2017-18, 239/2017-18,
244/2017-18, 245/2017-18. After execution of the said works, a final bill
for Rs.6,89,129/- had been prepared 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.
It is the contention of the petitioner that even though the
respondents admitted that the petitioner is entitled for payment of the
aforesaid sum of money, no payment is being made. The petitioner
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W.P.No.9390 of 2022
contends that such non-payment of money is clearly arbitrary and high-
handed requiring the interference of this Court.
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.
The learned Government Pleader 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.
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 amount 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.
11.07.2022
Mja
3 RRR,J
W.P.No.9390 of 2022
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
W.P.No.9390 of 2022
11.07.2022
Mja
