The vs As The Payment Of The Said Amount ...
2022 Latest Caselaw 4143 AP

           HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

                    WRIT PETITION No.18084 of 2022

ORDER:

The petitioner had been awarded the contract for

Construction of community Hall at St.John Paris High School,

Shadikhana opp road in Ward No.25 vide agreement

No.114/2018-19/SE(W)/EE-3/DB, dated 06.06.2018.

After execution of the said work, a final bill for Rs.16,94,354/-

had 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 and learned Government Pleader for

Municipal Administration, this writ petition is disposed of with a

direction to the respondents to complete the verification process

within a period of three(3) 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(6) weeks. It is clarified that in the event if

the verification process is not being completed within the

aforesaid period of three(3) 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.

19.07.2022 tm

HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

WRIT PETITION No.18084 of 2022

19.07.2022

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