The President vs The State Of Andhra Pradesh
2023 Latest Caselaw 697 AP

           HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

                WRIT PETITION No.42779 of 2022

ORDER:

The petitioners had been awarded the contracts

for taking up the "Neeru-Chettu" programme for i) Desilting of

Reddivanicodu minor drain from Km.0.00 to Km.7.00 under

WUA No.161 of Pamarru in Pamarru Mandal & ii) Desilting of

Ayyanki minor drain from Km.0.00 to Km.1.30 under WUA

No.161 of Pamarru in Pamarru Mandal, vide Agreement

Nos.35 & 36 NC/2018-19, dated 01.06.2018. After execution

of the said works, final bills for Rs.5,41,555/-, Rs.78,366/- &

Rs.4,34,953/-, had been prepared and submitted to the

concerned for payment. As the payment of the said amounts

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

amounts 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 amounts due to the petitioners,

without insisting upon any further time for verification. It

would also be open to the petitioners 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.

09.02.2023 BSM

HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

WRIT PETITION No.42779 of 2022

09.02.2023

BSM