Citation : 2022 Latest Caselaw 6888 AP
Judgement Date : 12 September, 2022
1
THE HON'BLE SRI JUSTICE D. RAMESH
WRIT PETITION No. 24046 of 2022
ORDER:-
The Writ Petition under Article 226 of Constitution of India
is filed seeking to direct the respondents to consider the
payment of amounts due to the petitioner in respect of
execution of said works.
2. The learned counsel for the petitioner contends that
after execution of the said work, a final bill 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.
3. It is further the contention of the learned counsel for
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.
4. 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.
5. 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.
6. In view of the aforesaid directions of this Court in
various cases and after hearing the submissions of the learned
counsel for the petitioner and learned Government Pleader,
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 amount due to the petitioner
depending upon the outcome of the verification, within a period
of six(6) weeks. It is clarified that in the event if the verification
process is not being completed within the aforesaid period of
three(3) weeks, the respondents shall pay the amounts 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 thereto, interlocutory applications, if any,
shall also stand closed.
______________________ JUSTICE D. RAMESH
Date: 12.09.2022 tm
THE HON'BLE SRI JUSTICE D. RAMESH
(Disposed of)
WP No.24046 of 2022
12.09.2022
tm.
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