M/S Sash Infra Llp vs The State Of Andhra Pradesh
2023 Latest Caselaw 1064 AP

         HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

                WRIT PETITION No. 39475 of 2022

ORDER:

The petitioner had been awarded the contract for

Embankment repairs to right bank of East Thammileru drain

at Km 3.100 at Chataparru village in Eluru Mandal in West

Godavari District, vide Agreement No.22/2021-22 dated

10.08.2021. After execution of the said work, a final bill for

Rs.9,09,096/- 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 RMD