HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.31398 of 2022
ORDER:
The petitioner had been awarded the contracts for
taking up "Neeru-Chettu" Programme for Repairs to R/s &
L/s Bank of Eastern Channel from 4th Drop to 9th Mile Drop
and Removal of slit in the Canal Bed of Eastern channel in
between from Km 8.200 to Km 13.950 in Kodavalur Mandal,
SPSR Nellore District, vide Agreement No.433DN/NC/2018-
19 and Agreement No.444/2018-19 dated 26.09.2018. After
execution of the said works, final bills for Rs.2,58,962/- and
Rs.3,24,782/- had been prepared and submitted to the
concerned for payment. As the payment of the said amounts
has not been made by the respondents, the petitioner had
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. 2
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
petitioner 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 petitioner, learned Government
Pleader for Irrigation, this writ petition is disposed of with a
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
amounts due to the petitioner 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 3
completed within the aforesaid period of three weeks, the
respondents shall pay the amounts due to the petitioner,
without insisting upon any further time for verification. It
would also be open to the petitioner 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.31398 of 2022
01.11.2022
RKS
