Citation : 2023 Latest Caselaw 2813 AP
Judgement Date : 3 May, 2023
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
W.P.No.6693 of 2023
ORDER:
The petitioner had been awarded the contract work for
construction of various check dams in the Anantapur District under Neeru
Chettu Scheme, under Agreement No.03/2018-19, dated 06.04.2018.
After execution of the said works, a final bill for Rs.1,58,817/- 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.
2 RRR,J
W.P.No.6693 of 2023
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 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.
3rd May, 2023 Js.
3 RRR,J
W.P.No.6693 of 2023
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
W.P.No.6693 of 2023
3rd May, 2023
Js.
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