HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
W.P.No.14737 of 2021
ORDER:
The petitioners had been awarded the contract for construction of
Check Dam across Nallagattu Vagu by the 6th respondent. The 1st
petitioner was entrusted two works under agreement No.921 NC/18-19,
dated 28.09.2018 and agreement No.920 NC/18-19, dated 28.09.2018
both at the value of Rs.8,67,558/-; and the 2nd petitioner was entrusted
two works under agreement No.913 NC/18-19, dated 28.09.2018 and
Agreement No.912 NC/18-19, dated 28.09.2018 both at the value of
Rs.8,67,558/-. After execution of the said works, the 1st petitioner has
prepared the bills under CFMS ID.Nos.2333096 of 2018 and 2332811 of
2018; and the 2nd petitioner has prepared the bills under CFMS
ID.Nos.2330744 of 2018 and 2330927 of 2018 and submitted to the
respondents for payment. As the payments of the said amount have not
been made by the respondents, the petitioners have approached this
Court by way of the present writ petition.
It is the contention of the petitioners that even though the
respondents admitted that the petitioners are entitled for payment of the
aforesaid sums of money, no payment is being made and the bills were
cancelled without any reasons. The petitioners contend 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.14737 of 2021
In view of the aforesaid directions of this Court in various cases
and after hearing the submissions of the learned counsel for the
petitioners, learned Government pleader for Panchayat Raj and learned
counsel appearing for the respondents, this writ petition is disposed of
with a direction to the respondents to release the amounts found due
under CFMS ID.Nos.2333096 of 2018 and 2332811 of 2018 of the 1 st
petitioner; and CFMS ID.Nos.2330744 of 2018 and 2330927 of 2018 of
the 2nd petitioner at the earliest, and at any rate, within a period of six
weeks from the date of receipt of a copy of this order. It would also be
open to the petitioners to agitate 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
2nd March, 2022
Js
3 RRR,J.
W.P.No.14737 of 2021
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
W.P.No.14737 of 2021
2nd March, 2022
Js
