M/S Sreenivas Constructions, vs The State Of Andhra Pradesh,
2023 Latest Caselaw 757 AP

           HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

                 WRIT PETITION No.41065 of 2022

ORDER:

The petitioner had been awarded the contract for

SDP-Construction of check dam across Bahuda river near

Reddyvaripalle H/o Agraharam Village, Nimmanapalle

Mandal, Chittoor District, vide Agreement No.11 SE/2017-18

dated 17.04.2017. After execution of the said work, a final bill

for Rs.5,04,705/- 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 sums 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

09.02.2023 RKS