The vs After Execution Of The Said Works
2022 Latest Caselaw 3917 AP

            HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

                 WRIT PETITION No.9213 of 2022

ORDER:

The petitioner had been awarded the contract for taking

up the "Neeru-Chettu" programme for i) construction of check

dam across new Sivalayam Vagu near Boddikurapadu Village

in Tallur Mandal, Prakasam District, ii) construction of check

dam across Chaviti Vagu near Boddikurapadu Village in

Tallur Mandal, Prakasam District, and iii) construction of

check dam across Addagadi Vagu near Boddikurapadu

Village in Tallur Mandal, Prakasam District, vide Agreement

Nos.30 DN/2018-19, dated 02.05.2018, 29 DN/2018-19,

dated 02.05.2018, and 31 DN/2018-19, dated 02.05.2018.

After execution of the said works, final bills for Rs.7,85,090/-,

Rs.8,15,255/- and Rs.7,99,608/- have 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 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. 985 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 amount 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

RRR,J W.P.No. 985 of 2022

any payable by the respondents, in an appropriate forum.

There shall be no order as to costs.

6. As a sequel, pending miscellaneous petitions, if

any, shall stand closed.

____________________________ R. RAGHUNANDAN RAO, J.

12.07.2022 knl

RRR,J W.P.No. 985 of 2022

HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

WRIT PETITION No.9213 of 2022

12.07.2022

knl