Citation : 2022 Latest Caselaw 4047 AP
Judgement Date : 18 July, 2022
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.17087 of 2022
ORDER:
The petitioner had been awarded the following contracts
for taking up the "Neeru-Chettu" programme:
Sl. Name of the work Agreement No. and Amount in No. Date Rs.
1 Desilting of Survepalli Canal 786/DN/NC/2018- 4,35,662/-
from 2.0 km to Work Shop 19, dt.08.02.2019. Regulator in Nellore Rural Mandal of SPSR Nellore District.
2 Desilting of Survepalli Canal 787/DN/NC/2018- 4,38,069/-
from 3.30 km to 5.98 km in 19, dt.08.02.2019. Nellore Rural Mandal of SPSR Nellore District.
3 Repairs to Muthukur Small 879/DN/NC/2018- 1,76,799/-
Tank supply Channel, near 19, dt.06.06.2019. Muthukur Village in Muthukur Mandal, SPSR Nellore District.
4 Desilting of Valluru Channel 785/DN/NC/2018- 4,43,830/-
from Head to 4.26 k.m in 19, dt.21.06.2019. Nellore Rural Mandal of SPSR Nellore District.
5 Desilting of Survepalli 788/DN/NC/2018- 4,33,084/-
Channel from Highway to 19, dt.21.06.2019. 8.50 km in Nellore Rural Mandal of SPSR Nellore District.
6 Desilting of Survepalli 792/DN/NC/2018- 3,98,613/-
Channel from Level Slucie 19, dt.08.02.2019. section Wall to Tail End in Nellore Rural Mandal of SPSR Nellore District.
7 Strengthening of Muthukur 130/SC/2017-18, 30,16,538/-
Small Tank in Muthukur dt.13.06.2019. Mandal of SPSR Nellore District.
8 Desilting and Removal of 784/DN/2018-19, 2,66,430/-
Water Hyacinth of dt.08.02.2019. Muthukur Channel from Brahmadevam village to Muthukur Village limits in Muthukur Mandal of SPSR Nellore District.
RRR,J W.P.No. 17087 of 2022
9 Desilting of Krishnapatnam 789/DN/2018-19, 4,38,349/-
channel off take from dt.11.06.2019. Surveypalli Canal to Akuthota to Harizawada in Nellore Rural Mandal, SPSR Nellore District.
10 Desilting of Valluru Channel 785/DN/2018-19, 4,43,830/-
from Head to 4.26 km in dt.21.06.2019. Nellore Mandal of SPSR Nellore District.
11 Desilting and Removal of 783/DN/NC/2018- 3,63,968/-
Water Hyacinth to 19, dt.08.02.2019. Krishnapatnam Channel from Dhanalakshmipuram Village to Brahmadeva village in Muthukur Mandal, SPSR Nellore District.
12 Repairs to leading Channels 881/DN/NC/2018- 4,20,560/-
of Survepalli Reservoir in 19, dt.10.06.2019. Venkatachalam Mandal of SPSR Nellore District.
13 Desilting of Survepalli Canal 791/DN/NC/2018- 4,38,285/-
from 0.60 km to Balaji 19, dt.08.02.2019. Nagar Bridge in Nellore Rural Mandal of SPSR Nellore District.
14 Desilting of Survepalli Canal 790/DN/NC/2018- 4,41,138/-
from Kanuparthipadu Head 19, dt.21.06.2019. Regulator to 14.60 km. in Nellore Rural mandal, SPSR Nellore District.
15 Strengthening of Muthukur 131/SC/2017-18, 36,59,363/-
large Tank in Muthukur dt.13.02.2019 Mandal of SPSR Nellore District.
16 Repairs of Uti Kalav Near 880/DN/NC/2018- 3,75,183/-
Krishnapatnam Village in 19, dt.13.06.2019. Muthukuru Mandal of SPSR Nellore District.
17 Desilting and Removal of 782/DN/NC/2018- 3,20,685/-
Water Hyacinth to 19, dt.08.02.2019. Krishnapatnam Canal from 2.00 kms. to 7.50 kms. in Nellore Rural Mandal, SPSR Nellore District.
18 Desilting and Removal of 773/DN/NC/2018- 1,53,836/-
Hyacinth to Muthukur 19, dt.26.06.2019. Large Tank Supply Channel and its Branch Channel in Muthukur Mandal of SPSR Nellore District.
RRR,J W.P.No. 17087 of 2022
After execution of the said works, a final bill has 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.
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
RRR,J W.P.No. 17087 of 2022
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 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.
18.07.2022 knl
RRR,J W.P.No. 17087 of 2022
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.17087 of 2022
18.07.2022
knl
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