Citation : 2022 Latest Caselaw 2662 AP
Judgement Date : 22 June, 2022
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
W.P.No.11628 of 2022
ORDER:
The petitioner had been awarded Government contract works i.e.,
1) O & M Annual maintenance of Weed free for the year 2020-21 in
Bondada Channel system at KM 58.212 on Undi Canal in Irrigation
Section, vide agreement dated 25.03.2021; 2) O & M Annual maintenance
of Weed free for the year 2020-21 in V & W Canal from KM 54.200 to
72.600 in Irrigation Section Akividu, vide agreement dated 25.03.2021;
and 3) O & M Annual maintenance of Weed free for the year 2020-21 in
OW Canal and its distributaries channels in Irrigation Section, Akividu vide
agreement dated 25.03.2021. After execution of the said works, a final bill
for Rs.26,31,260/- 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 has approached this Court by way of this writ
petition.
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.
2 RRR,J
W.P.No.11628 of 2022
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.11628 of 2022
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
W.P.No.11628 of 2022
22nd June, 2022
Js.
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