The vs Village
2023 Latest Caselaw 349 AP

            HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

                    WRIT PETITION No.37698 of 2022

ORDER:

The petitioners have been awarded various

contracts for taking up "Neeru-Chettu" Programme for

Desilting of Peddavanka from forest check dam to

Nandanagar, Rachagudipalli Village, Restoration of

Ramireddykunta tank near Salabad Village, Improvements to

Vontimitta Tank surplus weir and bund and Construction of

Check dam across Vontimitta Alugu Vanka near Vontimitta

Village, Vontimitta Mandal, YSR Kadapa District, under

various Agreements. After execution of the said works, a final

bill for Rs. 17,01,351/- 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

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 sums 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

amount 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 amount due to the petitioners,

without insisting upon any further time for verification. It

would also be open to the petitioners to agitate 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

25.01.2023 RKS