Citation : 2022 Latest Caselaw 4662 AP
Judgement Date : 26 July, 2022
HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No. 20880 of 2022
ORDER:
The petitioner has been awarded the contract to undertake
the work i.e., construction of additional room to veterinary
dispensary at Chintalapadu village in Thiruvuru Mandal, Krishna
District, under the scheme "NBARD (RIDF)-XVIII". After execution
of the said contract, a final bill for a sum of Rs.3,53,736/- had
been prepared on the basis of Measurement Book. 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 learned counsel for the
petitioner and learned counsels appearing for the respondents, this
Writ Petition is disposed of with a direction to the respondents to
release the amount of Rs.3,53,736/-to the petitioner, 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 26th July, 2022 cbs
HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
Writ Petition No.20880 of 2022
26th July, 2022 cbs
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