Citation : 2022 Latest Caselaw 1404 AP
Judgement Date : 22 March, 2022
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.5586 of 2022
ORDER:
The petitioner had been awarded contract for gravelling the road
from R & B Road to OHSR to Pushkar Nagar in Pondugala Village of
Dachepalli Mandal and laying CC Road from R & B road at NRT statue to
MP Elementary School via U. Atchi Redy House in Srinagar Village of
Dachepalli Mandal, under agreements dated 20.06.2018. After execution
of the said contract, a final bill for a sum of Rs.13,34,989/- had been
prepared and submitted 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.
2. 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.
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. 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 Panchayat Raj and learned
counsel appearing for the respondents, this writ petition is disposed of
with a direction to the respondents to release the amount of Rs.
Rs.13,34,989/- to the 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 petitioner to agitate his 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.
22nd March, 2022 GBS
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