M/S. Devan Infra Private Limited, vs The State Of Andhra Pradesh,
2023 Latest Caselaw 2399 AP

           HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

                 WRIT PETITION No.2448 of 2023

ORDER:

The petitioners have been awarded the contract

for Desilting of feeder cum supply channel and vagu leading

to Marupuru large tank near Maruparu Village in Podalakur

Mandal of SPSR Nellore District, vide Agreement

No.219/O&M/DN/2020-21 dated 2310.2020. After execution

of the said work, a final bill for Rs.2,99,618/- 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 petitioners have approached this Court, by

way of this writ petition.

2. It is the contention of the petitioners that even

though the respondents admitted that the petitioners are

entitled for payment of the aforesaid sum of money, no

payment is being made. The petitioners contend 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

petitioners 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 petitioners, 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 petitioners 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 petitioners,

without insisting upon any further time for verification. It

would also be open to the petitioners to agitate 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.

____________________________ R. RAGHUNANDAN RAO, J

25.04.2023 MJA

HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

WRIT PETITION No.2448 of 2023

25.04.2023

MJA