K Eswara Raju vs The State Of Ap
2023 Latest Caselaw 2687 AP

            HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

                    WRIT PETITION No.5171 of 2023

ORDER:

The petitioner had been awarded contract for construction

of NCP-strengthening of tank bund and 6 other tank bunds in

Arimenipadu Village in Ozili Mandal of Nellore District. After

execution of the said works, a final bill for a sum of

Rs.4,30,072/-, Rs.7,77,978/-, Rs.7,91,024/-, Rs.8,69,588/-,

Rs.8,41,098/- and Rs.5,86,531/- have 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 has 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 payments only after such

verification is being 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 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.

01.05.2023

RJS

HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

WRIT PETITION No.5171 of 2023

01.05.2023

RJS