Citation : 2022 Latest Caselaw 3893 AP
Judgement Date : 11 July, 2022
THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.15009 of 2022
ORDER:
The petitioner had been awarded the contract of work
pertaining to the construction of Side drain from Smt Kakani
Kamalamma (H) to MPP School in Kotha Singapeta Village of
Singapeta Gram Panchayat, Allur Mandal under 14th Finance
Grant. After execution of the said contract, final bill was prepared
for sum of Rs.4,97,701/- vide M Book No.349-D/2019-20. 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.
2. 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 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. 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 Panchayat Raj and
Rural Development and learned Standing Counsel appearing for
the respondents, this Writ Petition is disposed of with a direction to
the respondents to release the amount of Rs.4,97,701/- to the
petitioner at the earliest, and at any rate, within a period of six (6)
weeks from the date of receipt of a copy of this order. If the
respondents fail to pay the amount within the stipulated time, the
petitioner is entitled for interest @ 12% p.a. There shall be no order
as to costs.
Consequently, Miscellaneous Petitions, if any, pending in this Writ
Petition shall stand closed.
______________________________________ VENKATESWARLU NIMMAGADDA, J
Date: 11.07.2022 BSP
THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.15009 of 2022
Dated: 11.07.2022
BSP
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