Citation : 2023 Latest Caselaw 2029 AP
Judgement Date : 18 April, 2023
THE HONOURABLE SRI JUSTICE D.RAMESH
WRIT PETITION No.31359 of 2022
ORDER:
The Writ Petition under Article 226 of the
Constitution of India is filed seeking to declare the action of
the respondents in withholding the payment of bill amount
of Rs.46,05,682/- even after finalizing the bills payable to
the petitioner in relation to the execution of works executed
under Neeru-Chettu programme at Nellore District as
illegal and arbitrary.
2. It is the contention of 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.
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
respondent authorities are verifying the claims of the
petitioner and would be in a position to make payment only
after such verification is completed.
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 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, pending miscellaneous petitions, if any,
shall stand closed.
_____________________ JUSTICE D.RAMESH Date : 18.04.2023 TPS/KLK
THE HONOURABLE SRI JUSTICE D.RAMESH
WRIT PETITION No.31359 of 2022
Date: 18.04.2023
TPS /KLK
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