M/ S. Sri Sree Laxmi Constructions vs The State Of Andhra Pradesh
2023 Latest Caselaw 1033 AP

           HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

                WRIT PETITION No.31870 of 2022

ORDER:

The petitioner had been awarded various contracts for

1) Removal of weed from channels in the jurisdiction of

Inapuram section for the year 2020-21 both kharif and rabi,

East Godavari District, 2) Removal of weed from channels in

the jurisdiction of Mukteswaram section for the year 2019-20

both kharif and rabi, and 3) Removal of weed growth in TPS

main, right and left canal for rabi and khariff crop 2019-20 in

Seethanagaram Mandal in East Godavari District, vide

Agreement Nos.18/2020-21 dated 18.08.2020, 11/2019-20

dated 17.08.2019 and 13/2019-20 dated 17.08.2019. After

execution of the said works, a final bill for Rs.45,24,420/-

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 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 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. 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.31870 of 2022

22.02.2023

MJA