Andhra Pradesh High Court - Amravati
Nakka Venkata Chennaiah vs The State Of Andhra Pradesh on 27 June, 2022
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
W.P.No.14223 of 2022
ORDER:
The petitioner had been awarded the contract for taking up the
"Neeru-Chettu" programme for the execution of work of
1) desilting and strengthening of Gollavidipi Tank near Yarragndapalam
(V) in Yarragndapalam (M) Prakasam (Dt), 2) excavation of farm pond in
the land of Sri. Nakka Venkata Chennaiah, Ryot near Gollavidipi (V) in
Yarragndapalam (M) Prakasam (Dt), 3) restoration of kamasala kunta
vaguto feed Gundlakama River near Gollavidipi (V) in Yarragndapalam
(M), Prakasam (Dt), 4) Construction of check dam across Kamsara Kunta
vagu near Gollavidipi (V) in Yarragndapalam (M) Prakasam (Dt), 5)
construction of check dam across Kathavala vagu near Gollavidipi (V) in
Yarragndapalam (M) Prakasam (Dt), 6) excavation of farm pond in the
land of Sri. Gorlapati Venkaiah, Ryot near Gollavidipi (V) in
Yarragndapalam (M) Prakasam (Dt), 7) excavation of farm pond in the
land of Sri. Marni Veereswaramba, Ryot near Gollavidipi (V) in
Yarragndapalam (M) Prakasam (Dt) and 8) excavation of farm pond in the
land of Sri. Deverapalli Satish Kumar, Ryot near Gollavidipi (V) in
Yarragndapalam (M) Prakasam (Dt). After execution of the said works, a
final bill for Rs.33,20,300/- 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
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W.P.No.14223 of 2022
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.
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.14223 of 2022
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
W.P.No.14223 of 2022
27th June, 2022
Ssp/Mja
