M/S. Water Users Association vs The State Of Andhra Pradesh
2022 Latest Caselaw 7701 AP

           HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

                WRIT PETITION No.28612 of 2022

ORDER:

The petitioner had been awarded the contract for taking

up "Neeru-Chettu" Programme for Cost of Diesel Oil for lifting

of water from drains/Channels to supplement the standing

rabi crop 2018-19 in the ayacut of Polekuru WUA, CIP

Irrigation Section, Tallarevu, East Godavari District, vide

Agreement No.13D/2019-20 dated 04.06.2019. After

execution of the said work, a final bill for Rs.1,90,486/- 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 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 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.

____________________________ R. RAGHUNANDAN RAO, J.

11.10.2022 RKS

HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

WRIT PETITION No.28612 of 2022

11.10.2022

RKS