P. Ramesh vs State Of Andra Pradesh
2022 Latest Caselaw 7972 AP

             HON'BLE SRI JUSTICE K.SURESH REDDY

                   Writ Petition No.22039 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.13,17,842/-

with interest as per the agreement No.123 DN/2018-19, dated 17.09.2018 in relation to the execution of work "SP-BPRC-NCP- Protection works to D/s of Regulator from Km 13.600 to Km 13.650 of Sri Venkateswarapalem Major Distributory", to the petitioner till today, as illegal, arbitrary, violation 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.13,17,842/-, 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.42/2018-

2019, dated 01.06.2018 for execution of work "SP-BPRC-NCP-

Protection works to D/s of Regulator from Km 13.600 to Km 13.650 of

Sri Venkateswarapalem Major Distributory". The petitioner

participated in the tender and became the lowest bidder and he has

entered into an agreement No.123 DN/2018-19, dated 17.09.2018.

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.13,17,842/-.

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. 22039 of 2021

Dated: 19.10.2022

RPD