K. Madhana Mohan vs The State Of Andhra Pradesh
2022 Latest Caselaw 2818 AP

                HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

                             W.P.No.14105 of 2022

ORDER:

The petitioner had been awarded the contract for taking up the

"NeeruChettu" programme for 1)Desilting of kundu from Ch 4.620 Km to

4.820 Km near Harivaram Village, Uyyalawada Mandal, Kurnool District,

2) Desilting of kundu from Ch. 5.250 Km to 5.450 Km near Harivaram

Village, Uyyalawada Mandal, Kurnool District, 3) Desilting of kundu from

Ch. 2.100 Km to 2.300 Km near Narasepalli Village, Uyyalawada Mandal,

Kurnool District, 4) Desilting of kunderu from Ch. 1.060 Km to 1.250 Km

near Kakarawada Village, Uyyalawada Mandal, Kurnool District and 5)

Desilting of kunderu from Ch. 1.260 Km to 1.455 Km near Kakarawada

Village, Uyyalawada mandal, Kurnool District. After execution of the said

works, a final bill for Rs. 9,21,075/-, Rs. 9,21,075/-, Rs. 9,21,075/-, Rs.

9,21,076/- and Rs. 9,16,653/- 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.

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                                                       W.P.No.14105 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 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.

27th June, 2022
Ssp/srk
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                                     W.P.No.14105 of 2022




     HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO




              W.P.No.14105 of 2022




              27th June, 2022

Ssp/srk