Andhra Pradesh High Court - Amravati
Gudise Balaswami, vs The State Of Andhra Pradesh. on 11 October, 2022
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.29101 of 2022
ORDER:
The petitioner had been awarded the contracts for taking
up the "Neeru-Chettu" programme viz., 1) O & M to removal of
weed growth in minor drains under the jurisdiction of WUA
No.4, Unguturu under D.R.No.227/17-18, Agreement
No.106/17-18, dated 21.10.2017 for an amount of
Rs.1,49,358/-, 2) for removal of weed in the jurisdiction of WUA
No.4, Unguturu in Unguturu Mandal of Krishna District under
D.R.No.249/18-19, Agreement No.238/18-19 dated 05.07.2018
for an amount of Rs.2,33,037/-, 3) weed growth in Atukuru UT
Medium drain in Garapadu Village of Unguturu Mandal under
D.R.No.199/18-19, Agreement No.325/18-19, dated 16.07.2018
for an amount of Rs.6,34,687/- and 4) weed growth for the
minor drains under the jurisdiction of WUA No.4, Unguturu
under D.R.No.227/18-19, Agreement No.326/18-19, dated
16.07.2018 for an amount of Rs.1,77,773/-. After execution of
the said works, a final bill for Rs.11,94,855/- 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 sum 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
RJS
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.29101 of 2022
11.10.2022
RJS
