Citation : 2022 Latest Caselaw 3907 AP
Judgement Date : 11 July, 2022
HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.14836 of 2022
ORDER:
The petitioner's husband has been awarded the contract to
undertake the work i.e., providing internal CC roads and with side
drain and culverts at Peddaventhurla )GP) of Kolimigundla mandal
under DMF grant. After execution of the said work as per agreement
dated 05.02.2019, a final bill for a sum of Rs.4,41,311/- had been
prepared on the basis of Measurement Book. As the payment of the
said amount has not been made by the respondents so far, 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 made so far. 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 learned counsel for the petitioner
and learned counsels appearing for the respondents, this Writ Petition
is disposed of with a direction to the respondents to release the
admitted amount of Rs.2,09,988/- (Rupees two lakhs nine thousand
nine hundred eighty eight only) to the petitioner at the earliest, and at
any rate, within a period of six weeks from the date of receipt of a
copy of this order. If the respondents fail to pay the said amount
within the stipulated time, the petitioner is entitled for interest @12%
per annum. There shall be no order as to costs.
Consequently, Miscellaneous Petitions, if any, pending in this
Writ Petition shall stand closed.
____________________________________ VENKATESWARLU NIMMAGADDA, J
11th July, 2022 cbs
HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.14836 of 2022
11th July, 2022 cbs
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