Citation : 2022 Latest Caselaw 4602 AP
Judgement Date : 25 July, 2022
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.27566 of 2021
ORDER:
The petitioner had been awarded the contracts for
providing CC drains from AELC St.Peeters Ludharan Church to
D.No.10-93-26 in 32nd ward of Tenali Municipality vide
Agreement No.171/2018-19 dated 28.12.2018. After execution
of the said works, a final bill for Rs.30,80,370/- had been
prepared on the basis of Measurement Book and submitted to
the concerned for payment. 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 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. Sri M.Manohar Reddy, learned standing counsel for
respondent No.3 submits that the respondent authorities are
verifying the claims of the petitioner and would be in a position
to make payments 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
Municipal Administration and Sri M.Manohar Reddy, learned
standing counsel for respondent No.3, this writ petition is
disposed of with a direction to the respondents to complete the
verification process within a period of three 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.
25.07.2022 RJS
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.27566 of 2021
25.07.2022
RJS
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