Citation : 2022 Latest Caselaw 2298 AP
Judgement Date : 4 May, 2022
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
W.P.No.9153 of 2022
ORDER:
The petitioner had been awarded the contract for
execution of works for constructions of C.C. Roads and Drain
from Sangana Dakshinamurhty (H) to Dhiddi Mahava (H) and
also Jagapathinagaram Village of Krilampudi Mandal, East
Godavari District. After execution of the said contracts, a final
bill for a sum of Rs.4,59,923/-, under a agreement dated
02.02.2019. 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.4,59,923/-
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.
Date: 04.05.2022 BSM
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
W.P.No.9153 of 2022
Date: 04.05.2022
BSM.
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