Citation : 2022 Latest Caselaw 6258 AP
Judgement Date : 6 September, 2022
HON'BLE SRI JUSTICE K.SURESH REDDY
W.P.No.26353 of 2022
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
more particularly respondent No.5 in not paying the Petitioner an amount of Rs.4,36,905/- for Supplies of Crop Cutting Equipment Kits, as illegal, arbitrary, contrary to the principles of natural justice and in violation of the Art. 14, 19 and 21 of the Constitution of India and consequently direct the respondents to make the payment of an amount of Rs.4,36,905/- forthwith along with interest of 24 percent p.a from the date of submission of bills."
2. The contention of the petitioner is that he is doing the
business of manufacturing and supplying machineries to the
agricultural farmers; that he supplied CCE Kits as per the
directions of the respondents and in that process an amount
Rs.4,36,905/- has to be paid by the respondents; Further, it is
the contention of the petitioner that even though the
respondents admitted that the petitioner is entitled for
payment of the aforesaid amount, 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
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. 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 four(4) 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 six(6) 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 order as to costs. Miscellaneous Petitions, if any,
pending in this writ petition shall stand closed.
_______________ K.SURESH REDDY,J 06-09-2022.
TSNR
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