HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
W.P.No.13154 of 2022
ORDER:
The petitioner had been awarded the contract for execution of
works i.e., Neeru Chettu for repairs and replacement of panel boards on
hoist bridge for 1 to 15 spillway gates of Sri Kotla Vijaya Bhaskar Reddy
Barrage near Sunkesula, under agreement No.1825/2018-2019. After
execution of the said contract, a final bill for a sum of Rs.8,79,445/- had
been prepared on the basis of the Measurement Book No.4785 KNL. 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 Irrigation 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.8,79,445/- 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 2
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.
2nd May, 2022 knl 3
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
W.P.No.13154 of 2022
2nd May, 2022 knl
