The vs Panditivaripalem Village. After ...
2022 Latest Caselaw 2674 AP

     THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                   WRIT PETITION No.11631 of 2022

ORDER:

The petitioner had been awarded the contract for

construction of pucca internal roads/streets including drainage

system and culverts within the Chennayapalem Village and

Panditivaripalem Village. After execution of the said contract, final

bills were prepared for sums of Rs.2,68,790/- and Rs.1,27,354/-

respectively, as per the agreement. 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. 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. 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 Panchayat Raj and

learned counsel appearing for the respondents, this Writ Petition is

disposed of with a direction to the respondents to release the

amounts of Rs.2,68,790/- and Rs.1,27,354/- to the petitioner at

the earliest, and at any rate, within a period of six weeks from the

date of receipt of a copy of this order. It would also be open to the

petitioner to agitate his claim for interest, if any payable by the

respondents, in an appropriate forum. There shall be no order as

to costs.

Consequently, Miscellaneous Petitions, if any, pending in

this Writ Petition shall stand closed.

______________________________________ VENKATESWARLU NIMMAGADDA, J

Date: 22.06.2022 Ivd

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION No.11631 of 2022

Dated: 22.06.2022

Ivd