Andhra Pradesh High Court - Amravati
K. Madhu Sekhar, vs The State Of Andhra Pradesh, on 27 June, 2022
Bench: R Raghunandan Rao
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
W.P.No.14083 of 2022
ORDER:
The petitioner had been awarded the contract for taking up the
"Neeru-Chettu" programme for the execution of the works 1) desilting of
kundu from Ch. 0.740 Km to 0.940 Km near Kristipadu (V) Dornipadu (M)
in Kurnool (D), 2) desilting of kundu from Ch. 3.780 Km to 3.980 Km near
Harivaram (V) Uyyalawada (M) in Kurnool (D), 3) desilting of kundu from
Ch. 1.680 Km to 1.880 Km near Harivaram (V) Uyyalawada (M) in Kurnool
(D), 4) desilting of kundu from Ch. 0.630 Km to 0.830 Km near Narasepalli
(V) Uyyalawada (M) in Kurnool (D), 5) desilting of kunderu from Ch. 0.840
Km to 1.040 Km near Peddayammanuru (V) Uyyalawada (M) in Kurnool
(D), 6) desilting of kunderu from Ch. 1.460 Km to 1.655 Km near
Kakarawada (V) Uyyalawada (M) in Kurnool (D) and 7) desilting of
kunderu from Ch. 0.430 Km to 0.635 Km near Kakarawada (V)
Uyyalawada (M) in Kurnool (D). After execution of the said works, the
final bills for Rs.9,21,075/-, Rs.9,18,929/- Rs.9,21,596/-, Rs.9,21,076/-,
Rs.9,23,547/-, Rs.9,21,076/- and Rs.9,17,187/- 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.
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.
2 RRR,J
W.P.No.14083 of 2022
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 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/Mja
3 RRR,J
W.P.No.14083 of 2022
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
W.P.No.14083 of 2022
27th June, 2022
Ssp/Mja
