The vs Unknown
2022 Latest Caselaw 2634 AP

           HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

                            W.P.No.12061 of 2022
ORDER:

The petitioner had been awarded the contract in relation to the

works 1) NCP-Protection works to field channel of Kuppikayalagunta Tank

in Dakkili Mandal, SPSR Nellore District; 2) NCP-repairs to slabculvert of

Matumadugu tank in Dakkili Mandal, SPSR Nellore District; 3) NCP-

Construction of slab culvert on surplus coursenear Matumadugu tank

Sripuram ST colony of Sripuram Village, Dakkili Mandal, SPSR Nellore

District; 4) NCP-Protection works to field channel of Yennareddy gunta

tank, Dakkili Mandal, SPSR Nellore District; 5) NCP-Construction of check

dam across Dakshina Vrada Kaluva of Matumadugu Village, Dakkili Mandal

SPSR Nellore District; 6) NCP-Construction of new check dam across

south course of Dandavolu tank near Sripuram Village in Dakkili Mandal,

SPSR Nellore District; 7) NCP-repairs to check dam across North Course

near Matumadugu village, Dakkili Mandal, SPSR Nellore District; 8) NCP-

Reconstruction of Sluice No.3 of Matumadugu tank, Dakkili Mandal, SPSR

Nellore District; 9) NCP-construction of check dam across Kaluju kaluva

near topu of Matumadugu village, Dakkili Mandal SPSR Nellore District;

10) NCP-Construction of check dam across Varada kaluva near ST Colony

of Sripuram Village, Dakkili Mandal, SPSR Nellore District, under Neeru

Chettu programme under various agreements. After execution of the said

works, final bills viz., (1) Rs.8,62,833/-; (2) Rs.8,64,554; 3) Rs.8,43,144/-;

4) Rs.9,03,204/-; 5) Rs.1,48,421; 6) Rs.1,76,021/-; 7) Rs.81,608; 8)

Rs.1,30,216/-; 9) Rs.1,52,031/-; 10) Rs.1,15,006/-; 11) Rs.1,54,329/- 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 has approached this Court by way of this writ petition.

                                           2                           RRR,J
                                                       W.P.No.12061 of 2022

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.

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.

The learned Government Pleader 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 being completed.

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 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.

22nd June, 2022 Js.

                            3                         RRR,J
                                      W.P.No.12061 of 2022




      HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO




               W.P.No.12061 of 2022




                  22nd June, 2022

Js.