Andhra Pradesh High Court - Amravati
Kanuri Vasantha Kumari vs The State Of Andhra Pradesh on 9 February, 2023
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.40845 of 2022
ORDER:
The petitioner had been awarded the contracts for
taking up the "Neeru-Chettu" programme for i) Removal of
weed on koduru channel from 0.000 to 7.500 and its branch
channel under W.U.A. No.59, Koduru Village, Mudinepalli
Mandal, Krishna District & ii) Reconstruction of pipe culvert
@ km 6.200 of koduru channel and repairs to through @ Km
7.200 of Koduru channel under W.U.A. No.59, Koduru
Village, Mudinepalli Mandal, Krishna District, vide Agreement
No.154 NC/2018-19, dated 21.06.2018 & Agreement No.243
NC/2017-18, dated 23.03.2018. After execution of the said
works, final bills for Rs.2,54,638/- & Rs.3,08,400/- 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 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
amounts 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.
09.02.2023
BSM
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.40845 of 2022
09.02.2023
BSM
