The vs Phase Ii
2022 Latest Caselaw 3935 AP

HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                  WRIT PETITION No. 15161 of 2022

ORDER:

The petitioner had been awarded the contract of work i.e.,

providing piped water supply to Urban Cluster, Sompeta Mandal

Phase II, Srikakulam District. After completion of the said work as

per agreement dated 08.02.2019, on the basis of M-Book, the 5th

respondent prepared a final bill for a gross amount of

Rs.1,09,67,980/- and after making necessary deductions, the net

amount of Rs.1,01,46,864/- is payable to the petitioner and the bill

was passed on 19-02-2022. 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 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 the learned counsel for the

petitioner, learned Government Pleader for Panchayat Raj and learned

counsel appearing for the respondents, this Writ Petition is disposed

of with a direction to the respondents to release the net amount of

Rs.1,01,46,864/- 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

12th July, 2022 cbn

HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

(diposed of)

WRIT PETITION No. 15161 of 2022

12th July, 2022 cbn