Citation : 2022 Latest Caselaw 9062 AP
Judgement Date : 28 November, 2022
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.32876 of 2022
ORDER:
The petitioners had been awarded the contract for
taking up "Neeru-Chettu" Programme for Restoration of
Chakarapunayani Cheruvu near Chinthakunta Village I
Yerravaripalem Mandal, Chittoor District, vide Agreement
No.382SE/2017-18 dated 17.08.2017. After execution of the
said work, a final bill for Rs.5,90,892/- 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. 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
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
28.11.2022 RKS
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.32876 of 2022
28.11.2022
RKS
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