Citation : 2022 Latest Caselaw 2705 AP
Judgement Date : 23 June, 2022
THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.12472 of 2022
ORDER:
The petitioner had been awarded the contract for supply of
materials and the works for pucca internal roads/streets including
drainage system and culverts within a village under convergence
funds at location:Majji Venkaiah (H) at Chennayapalem BC colony
in Chennayapalem Village, Piduguralla Mandal. After execution of
the said contract, final bills were prepared for Rs.70,140/-,
Rs.34,587/- and Rs.57,170/- dated 12.02.2019, 07.01.2019 and
05.03.2019 respectively, as per agreement dated 02.05.2018. 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 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 the learned counsel for
the petitioner and learned counsel for the respondents, this Writ
Petition is disposed of with a direction to the respondents to
release the total amount of Rs.1,61,897/- 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
23rd June, 2022 cbs
THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.12472 of 2022
23rd June, 2022 cbs
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