Citation : 2022 Latest Caselaw 4078 AP
Judgement Date : 18 July, 2022
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.16581 of 2022
ORDER:
The petitioner had been awarded various contracts for
taking up the "Neeru-Chettu" programme for Construction of
core walls near 7th Distributory at Km 40.750 and near SP at
Km.41.225 and laying of bed lining near SP at Km.41.225 and
between Km.42.600 to 42.900 of PABR Right Canal and
Improvements to PABR Right Canal between Km 45.000 to Km
48.000, vide Agreement No. 09/2018-19 and Agreement
No.10/2018-19 dated 14.05.2018. After execution of the said
works, final bills for Rs.17,94,712/- and Rs.11,23,140/- had
been prepared and submitted to the concerned for payment. As
the payment of the said amounts 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
and thereafter to pay the amounts 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 RKS
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.16581 of 2022
18.07.2022
RKS
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