Jammapani Pakeeramma vs State Of Andhra Pradesh
2022 Latest Caselaw 2251 AP

           HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

                             W.P.No.9402 of 2022

ORDER:

The petitioner had been awarded contract by respondents 4 to 7

to provide vehicle for their official duties i.e., inspection of R&B roads to

supervise the progress of the constructions of road works, as follows:

Sl.No. Name of the Period of Agreement M.Book.Nos.

       work            for contract             dated              and     net
       inspection                                                  amount due

1       Widening       of     12/2018        to 07.12.2018      in 1492/KA, Net
        Pamur          to     1/2019            agreement          amount      of
        CSPuram road at                         No.177             Rs.68,530/-
        15/4 to 17/50
2       Periodical            2/2019 to 3/2019   02.04.2019        1457/KA, Net
        Maintenance    to                        agreement         amount     of
        Tangutur to Podili                       No.2/2019         Rs.1,01,746/-
        Road at 49/0 to

3       Widening       of     April, 2019 to 02.04.2019            1457/KA, Net
        Pamur          to     September, 2019 agreement            Amount     of
        CSPuram road at                       No.2/2019            Rs.1,01,746/-
        0/8 to 6/6
4.      Maintenance                                                1170KA, Net
        Tangutur to Podili                                         amount     of
        Road at 23/0 to                                            Rs.1,03,846/-

5.      Widening      and     April and    May, 07.05.2018         104-06, the
        strengthing    of     2018                                 proposal    of
        Vavinatipadu to                                            the   amount
        Kamepalli      to                                          submitted to
        Kondepi      Road                                          executive
        25/0 to 29/0                                               engineer
6.      Widening      and     June   and   July, 02.06.2018        1482-KA Net
        strenghting    of     2018               agreement         amount      of
        Vaviletipadu   to                        No.21/2018        Rs.66,349/-
        Kompalli       to
        Kondepi road
7.      Widening       of     August      and 25.07.2018           1463-KA, Net
        Pamur          to     September 2018  agreeemtn            an amount of
        CSPuram road at                       No.40/2018           Rs.66,131/-
        15/4 to 17/050
8.      Inspecion      of     October     and    10.10.2018        1485-KA, an
        Tangutur to Podili    November, 2018     agreement         amount      of
        road at 45/0 to                          No.100/2018-      Rs.69,090/-

After execution of the said contract, final bills had been prepared

and submitted to the authorities concerned for payment. As the payments 2 RRR,J W.P.No.9402 of 2022

of the said amounts have 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 amounts set out in the

above 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.

4th May, 2022 Js.

                          3                          RRR,J
                                      W.P.No.9402 of 2022

HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

W.P.No.9402 of 2022

4th May, 2022 Js.