K.Janardhan Naidu vs State Of Andra Pradesh
2022 Latest Caselaw 7968 AP

               HON'BLE SRI JUSTICE K.SURESH REDDY

                      Writ Petition No.22034 of 2021

ORDER:-


      This writ petition is filed seeking the following relief:-

               "Writ Order or direction more particularly one in the
      nature of Writ of Mandamus declaring the action of the
      respondents in not releasing the bill amount of Rs.47,22,088/-

with interest as per the agreement No.6 SE/2018-19, dated 24.05.2018 in relation to the execution of work "Neeru-Chettu Programme - Somasila Project - SFC - Strengthening of canal banks duly providing lining of 2L distributor from Km 1.450 to Km 2.500 of South feeder channel", to the petitioner till today, as illegal, arbitrary, violation of principles of Articles 14, 19 (1)(g), 21 and 300-A of the Constitution of India and consequently direct the respondents to release the bill amount of Rs.47,22,088/-, with interest"

2. Heard Sri Pandu Ranga Rao, learned counsel for the petitioner

as well as Sri B.Dharani Kumar, learned Assistant Government Pleader

for Irrigation and Common Area Development (CAD).

3. The 5th respondent invited bids in Tender Notice No.2/2018-

2019, dated 04.04.2018 for execution of work "Neeru-Chettu

Programme - Somasila Project - SFC - Strengthening of canal banks

duly providing lining of 2L distributor from Km 1.450 to Km 2.500 of

South feeder channel". The petitioner participated in the tender and

became the lowest bidder and he has entered into an agreement

No. 6 SE/2018-19, dated 24.05.2018. Thereafter, the petitioner

commenced the work and completed the same successfully without

any complaint from the authorities. In spite of completion of work,

the respondents have not paid the final bill amount of Rs.47,22,088/-

4. The learned Government Pleader did not dispute the execution

of work and non-payment of the final bill and also stated that the

respondents-authorities are verifying the claims of the petitioner and

would be in a position to make payments only after such verification

is being completed.

5. 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.

6. In view of the aforesaid directions of this court in various cases

and after hearing both sides, 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 amounts due to the petitioner

depending upon the outcome of the verification within a period of

three (3) weeks. 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. No costs.

Miscellaneous Petitions, if any, pending in this writ petition

shall stand closed.

_______________ K.SURESH REDDY,J 19th day of October,2022 RPD

HON'BLE SRI JUSTICE K. SURESH REDDY

WRIT PETITION No. 22034 of 2021

Dated: 19.10.2022

RPD