Citation : 2022 Latest Caselaw 6900 AP
Judgement Date : 12 September, 2022
HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.28216 of 2021
ORDER:
The petitioner has been awarded the contract by the respondents to
undertake the works i.e., repairs to clearing Juliflora Jungle, removal of
deposited earth from canal bed, etc. After execution of the said works as per
agreement No.13/2018-19 dated 25.10.2018, a final bill for a sum of
Rs.7,34,946/- had been prepared on the basis of Measurement Book. As the
payment of the said amount has not been made by the respondents so far, the
petitioner has 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 made so far. 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. In view of the aforesaid directions of this Court in various cases and
after hearing the submissions of learned counsel for the petitioner and learned
counsels appearing for the respondents, this Writ Petition is disposed of with a
direction to the respondents to release the amount of Rs.7,34,946/- to the
petitioner at the earliest, and at any rate, within a period of six weeks from the
date of receipt of a copy of this order. There shall be no order as to costs.
Consequently, Miscellaneous Petitions, if any, pending in this Writ
Petition shall stand closed.
____________________________________ VENKATESWARLU NIMMAGADDA, J
12th September, 2022 cbs
HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.28216 of 2021
12th September, 2022 cbs
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