Gottipati Sridhar Gopalakrishna vs The Government Of Andhra Pradesh
2022 Latest Caselaw 2841 AP

            HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

                    WRIT PETITION No.13756 of 2022

ORDER:

The petitioner had been awarded the various contracts for

removal of water hyacinth in the bed of Banutumilli Main Canal

from KM 58.5000 to 66.300 and its branches and repairs to

shutter under Cowtharam section for the year 2019-20, vide

1) Agreement No.39/O&M/2019-20 dated 30.08.2019, 2)

Agreement No.41/O&M/2019-20 dated 30.08.2019, 3)

Agreement No.39/O&M/2019-20 dated 30.08.2019 & 4)

Agreement No.42/O&M/2019-20 dated 30.08.2019. After

execution of the said works, 1) final bill amount of

Rs.3,15,541.44/- and ASD amount of Rs.1,30,139/-, 2) final bill

amount of Rs.4,40,053.4/- and ASD amount of Rs.1,58,930/-,

3) final bill amount of Rs.5,24,008.8/- and ASD amount of

Rs.1,75,291/- and 4) final bill amount of Rs.3,84,200.8/- and

ASD amount of Rs.1,58,456/- 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.

2. It is the contention of the petitioner that even

though the respondents admitted that the petitioner is entitled

for payments of the aforesaid sums of money, no payments are

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. 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 being completed.

5. 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.

27.06.2022 BSM

HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

WRIT PETITION No.13756 of 2022

27.06.2022

BSM