M/S Kvsr Constructions vs The State Of Andhra Pradesh
2023 Latest Caselaw 2476 AP

                HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

                             W.P.No.37980 of 2022

ORDER:

The petitioner had been awarded the contact work for

modernization / rehabilitation of Devarajugattu Cascade No.06

Peddaraveedu tank and devarajugattu tank in Peddaraveedu Village and

Mandal in Prakasam District, under Agreement No.104/2018-19 dated

27.12.2018. After execution of the said work, a final bill of Rs.14,92,346/-

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 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.

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                                                         W.P.No.37980 of 2023


          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.

_________________________ R. RAGHUNANDAN RAO, J.

26th April, 2023 Js.

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                                      W.P.No.37980 of 2023


      HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO




               W.P.No.37980 of 2023




                26th April, 2023

Js.