V Madhava Rao vs The State Of Andhra Pradesh
2023 Latest Caselaw 1015 AP

            HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

                 WRIT PETITION No.40155 of 2022

ORDER:

The petitioners have been awarded the contracts

for taking up the "Neeru-Chettu" programme for 1) Desilting

of Perantalla kunta and soil is used for filling low lying area

in the premises weavers (cheneta) colony of Ethamukkala

Village, Kothapatnam Mandal, Prakasam District, 2) Desilting

of vinayaka tank and soil is used for filling low lying area in

the premises of Nakkalavalla colony (ST Colony) of Chinthala,

H/o. Allru (V) in Kothapatnam Mandal, Prakasam District,

and 3) Cleaning jungle and desiltation of supply channel to

Chapaya Chakraya tank near Alluru (V) in Kothapatnam (M)

of Prakasam District, vide Agreement Nos.316Dn/2018-19

dated 12.10.2018, 57DN/2018-19 dated 11.06.2018 and

56DN/2018-19 dated 11.06.2018. After execution of the said

works, a final bill for Rs.23,74,271/- 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

22.02.2023 MJA

HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

WRIT PETITION No.40155 of 2022

22.02.2023

MJA