The vs As The Payment Of The Said Amount ...
2022 Latest Caselaw 2234 AP

            HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

                        W.P.No.13157 of 2022

ORDER:

The petitioner had been awarded the contract for execution of

work i.e., Neeru Chettu for repair and replacement of panel board on hoist

bridge for 16 to 30 spillway gates of Sri Kotla Vijaya Bhaskar Reddy

Barrage near Sunkesula, under agreement No.1826/2018-2019. 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.4786 KNL (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 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

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

HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

W.P.No.13157 of 2022

2nd May, 2022 knl