Citation : 2022 Latest Caselaw 3084 AP
Judgement Date : 29 June, 2022
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
W.P.No.13091 of 2022
ORDER:
The petitioner had been awarded the contracts for taking up the
"Neeru-Chettu" programme for 1) construction of check dam No.01 across
Choudu vanka, 2) construction of check dam No.02 across Mori vanka,
3) construction of check dam No.01 across Ura vanka, 4) desilting of
Kottubanda vanka, 5) construction of check dam No.01 across Edula
vanka of Kurnool district, vide Agreement Nos. 1) 952/2018-19, dated
03.07.2018 2) 953/2018-19, dated 03.07.2018 3) 980/2018-19, dated
06.07.2018 4) 981/2018-19, dated 06.07.2018 5) 982/2018-19, dated
04.07.2018. After execution of the said works, final bills for Rs.7,39,148/-
Rs.7,41,536/- Rs.7,32,893/- Rs.8,03,181/- and Rs.7,22,316/- 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.
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.
2 RRR,J
W.P.No.13091 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.
29th June, 2022
Ssp/Mja
3 RRR,J
W.P.No.13091 of 2022
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
W.P.No.13091 of 2022
29th June, 2022
Ssp/Mja
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