G Siva Malla Reddy vs The State Of Ap
2023 Latest Caselaw 2812 AP

              HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

                              W.P.No.6932 of 2023

ORDER:

The petitioner had been awarded various contract works under

Neeru Chettu Scheme, under various agreements. After execution of the

said works, a final bill for a total amount Rs.9,74,117/- 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.

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                                                          W.P.No.6932 of 2023

5. The petitioner also claims that the EMD retained by the

respondents would have to be paid along with the amounts due under the

agreements. The clause in the agreement provides that the EMD and

Security Deposits are to be retained only for a period of 24 + 3 months

grace period from the date of completion of the work. As the work in the

present case has been completed and more than 27 months have elapsed,

it would be appropriate to release the said deposits also.

6. 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 amounts due to the petitioner along with EMD

and security deposits, 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.

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                                                        W.P.No.6932 of 2023

As a sequel, pending miscellaneous petitions, if any, shall stand

closed.

R. RAGHUNANDAN RAO, J.

3rd May, 2023 Js.

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                                      W.P.No.6932 of 2023


      HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO




                W.P.No.6932 of 2023




                3rd May, 2023

Js.