The vs Unknown
2023 Latest Caselaw 356 AP

            HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

                    WRIT PETITION No.37369 of 2022

ORDER:

The petitioner had been awarded various

contracts for Jungle clearance, strengthening of canal banks,

repairs to CM & CD works of 4R Major at Km 8.550 of 7th

branch canal and Jungle clearance, strengthening of canla

banks, repairs to CM & CD works of 7th branch cannel at Km

7.600 to Km 10,000 under SSG Canal of TGP in the village

limits of Penubaka and Arlapadu under Pellakuru Mandal in

SPSR Nellore District, vide Agreement Nos.8lEE/2017-

18/213M dated 14.06.2017 and 07/2017-18/212M dated

14.06.2017. After execution of the said works, a final bill for

Rs.3,88,317/- 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 25.01.2023 MJA

HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

WRIT PETITION No.37369 of 2022

25.01.2023

MJA