Padarthi Sankar Rao vs The State Of Ap
2023 Latest Caselaw 2682 AP

            HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

                  WRIT PETITION No.7610 of 2023

ORDER:

The petitioner had been awarded the contracts for

Construction of CC roads near Nallavagu of Ammavaripalli

Village of Ramachandrapuram Gram Panchayat, Markapur

Mandal and Providing BT Surface to the road from Markapur

Mittameedipalli R&B road to Ammavaripalli Village of

Ramachandrapuram Gram Panchayat in Markapur Mandal,

vide Agreement Nos.655/18-19 and 656/18-19 dated

18.12.2018. After execution of the said works, final bills for

Rs.1,19,642/- and Rs.3,42,001/- 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 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 Panchayat Raj, 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 01.05.2023 MJA

HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

WRIT PETITION No.7610 of 2023

01.05.2023

MJA