Citation : 2022 Latest Caselaw 1499 AP
Judgement Date : 25 March, 2022
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
W.P.No.6232 of 2022
ORDER:
The petitioner had been awarded the contract for construction of
Community Hall-I, near temple, Mallampalem, H/o.Chowduwada of
K.Kotapadu Mandal, Visakhapatnam District. After execution of the said
contract, a final bill for a sum of Rs.4,99,836/-, under an agreement had
been prepared on the basis of the Measurement Book No.7971/A. 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
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.
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.4,99,836/-
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 2 RRR,J W.P.No.6232 of 2022
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.
25th March, 2022
BSM
3 RRR,J
W.P.No.6232 of 2022
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
W.P.No.6232 of 2022
25th March, 2022
BSM.
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