HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.30519 of 2022
ORDER:
The petitioners had been awarded various contracts for
taking up "Neeru-Chettu" Programme for Construction of
Check dams across Ulta Vagu of Appasamudram Village,
Nelakunta Vagu of Karupalli Village, Attimanuvagu of
Krishnampalli Village, Chakallirevu vagu of Arlapadia Village,
Varava Kaluva of Dasarapalli Village, local vagu of
Vadlamudipalli Village, Alugu Varava Kaluva of
Appasamudram Village and Repairs to tank sluice and
irrigation channels of Sarvarabad tank in Sarvarabad Village,
Venkatraopalli tank in Venkatraopalli Village and of
Appasamudram old tank in Appasamudram Village in
Udayagiri Mandal, SPSR Nellore District, under various
Agreements. After execution of the said works, a final bill for
Rs.25,28,332/- had been prepared and submitted to the
concerned for payment. As the payment of the said amount
has not been made by the respondents, the petitioners had
approached this Court, by way of this writ petition. 2
2. It is the contention of the petitioners that even
though the respondents admitted that the petitioners are
entitled for payment of the aforesaid sums of money, no
payment is being made. The petitioners contend 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. The learned Government Pleader submits that the
respondent authorities are verifying the claims of the
petitioners and would be in a position to make payment only
after such verification is completed.
5. In view of the aforesaid directions of this Court in
various cases and after hearing the submissions of the
learned counsel for the petitioners, learned Government
Pleader for Irrigation, this writ petition is disposed of with a 3
direction to the respondents to complete the verification
process within a period of three weeks from the date of
receipt of a copy of this order and thereafter to pay the
amount due to the petitioners depending upon the outcome
of the verification, within a period of six weeks. It is clarified
that in the event of the verification process not being
completed within the aforesaid period of three weeks, the
respondents shall pay the amount due to the petitioners,
without insisting upon any further time for verification. It
would also be open to the petitioners to agitate his/her/their
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.
01.11.2022 RKS 4
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.30519 of 2022
01.11.2022
RKS
