Mosuganti Narendra Babu vs The State Of Andhra Pradesh
2023 Latest Caselaw 1882 AP

           HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

                WRIT PETITION No.38930 of 2022

ORDER:

The petitioner had been awarded the various contracts

for Improvements to Surplus Weir of Rathelugunta Tank and

other various Tanks in East Godavari District, under various

agreements. After execution of the said works, a final bill for

Rs.26,54,287/- 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.

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 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 respondents have filed a counter affidavit in

which it is stated that the quality of the works could not be

ascertained earlier on account of the quality control staff

being assigned other work. It is only subsequently that the

works of the petitioner could be verified. This verification had

shown that there were disputes as to the actual work done by

the petitioner and the quality of the work, due to which the

payments to the petitioner could not be finalised. It is further

contended that the petitioner would not be entitled to any

interest on the money due to the petitioner and any such

claim for interest should be relegated to the civil Court.

5. In view of the aforesaid directions of this Court in

various cases and after hearing the submissions of the

learned counsel for the petitioner, learned Government

Pleader for Irrigation, this Writ Petition is disposed of with a

direction to the respondents to complete the verification

process within a period of three 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 weeks. It is clarified

that in the event of the verification process not being

completed within the aforesaid period of three weeks, the

respondents shall pay the amount 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.

6. Accordingly, this writ petition is disposed of.

There shall be no order as to costs.

As a sequel, pending miscellaneous petitions, if any,

shall stand closed.

____________________________ R. RAGHUNANDAN RAO, J.

12.04.2023 RJS

HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

WRIT PETITION No.38930 of 2022

12.04.2023

RJS