Andhra Pradesh High Court - Amravati
Bandaru Suresh Babu vs The State Of Andhra Pradesh on 8 November, 2022
THE HON'BLE SRI JUSTICE D.RAMESH
WRIT PETITION No. 28488 of 2022
ORDER:
The petitioner had been awarded the contract for taking up
"Neeru-Chettu" Programme for Repairs and Restoration of
Nukalamma(Puttlamma) Cheruvu at Kondaveedu fort near Puttakota
(Kothapalem) village in Edlapadu Mandal of Guntur District vide
Agreement No.01/2017-2018 dated 26.12.2018. After execution of
the said work, a final bill for Rs.43,10,583/- 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 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.
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 (3) weeks
from the date of receipt of a copy of this order and thereafter to pay
the amount due to the petitioner depending upon the outcome of the
verification, within a period of six (6) 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 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.
________________
JUSTICE D.RAMESH
Date: 08.11.2022
PSR
THE HON'BLE SRI JUSTICE D. RAMESH
(Disposed of)
WRIT PETITION No. 28488 of 2022
Date: 08-11-2022
Psr.
