Nakka Ramu vs The State Of Andhra Pradesh
2022 Latest Caselaw 2364 AP

            HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

                            W.P.No.17641 of 2021

ORDER:

The petitioner had been awarded the contract for the following

works.

Sl.No.   Name    of   the Agreement Agreement       CFMS No.     Date     of
         work             No.   And value Rs.                    approval in
                          date                                   CFMS

1        Construction of    855     NC/ 8,60,128    2018-        14.03.2019
         check dam No.2
                            2018-19                 2608698
         on Regadi Vagu
         Chanubanda         dated                   2019-
         Village, Chatrai
                            31.08.2018              278080
         Mandal, Krishna
         District
2        Construction of    856 NC / 8,56,920       2018-        11.01.2019
         check dam No.1
                            2018-19                 2020070
         on Regadi Vagu
         Chanubanda         dated                   2019-
         Village, Chatrai
                            31.08.2018              276966
         Mandal, Krishna
         District
3.       Construction of    857 NC / 7,72,988/-     2018-        11.01.2019
         check       dam
                            2018-19                 2019830
         Alugu       vagu
         Chanubanda         dated                   2019-
         Village, Chatrai
                            31.08.2018              276835
         Mandal, Krishna
         District

The petitioner after execution of the said works had prepared final

bills and submitted to the authorities concerned for payment in CFMS. As

the respondents have denied the payments, 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 bills, 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.

2 RRR,J W.P.No.17641 of 2021

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 payments 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.

5th May, 2022 Js.

3 RRR,J W.P.No.17641 of 2021

HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

W.P.No.17641 of 2021

5th May, 2022 Js.