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2023 Supreme(Online)(AP) 6524
HIGH COURT OF ANDHRA PRADESH TUESDAY ,THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND TWENTY THREE PRSENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 40584 OF 2022 Between:
1. AINAVILLI NAGESWARA RAO S/o. Lakshmana Swamy, Occ. Contractor Aged 58 Years, R/o. D.No.85-30-5/1, R.T.C.Colony, Rajamahendravaram District.
...PETITIONER(S)
AND:
1. THE STATE OF ANDHRA PRADESH Rep. by its Principal Secretary to Government, Irrigation and Command Area Development Department, Presently Water Resources Department, Secretariat, Velagapudi, Amaravati, Guntur District.
2. Andhra Pradesh State, Irrigation Development -Corporation Limited, Rep.by its Managing Director, Vijayawada, Krishna District.
3. Superintending Engineer, Irrigation Circle at Eluru, Eluru District.
4. Executive Engineer, Drainage Sub-Division, Bhimavaram, West Godavari District.
5. Pay and Accounts Officer, Works Accounts, Eluru, Eluru District.
6. State of Andhra Pradesh Rep. by its Principal Secretary to Government, Finance and Planning Department, Secretariat, Velagapudi, Amaravati, Guntur District.
...RESPONDENTS Counsel for the Petitioner(s): NIMMAGADDA REVATHI Counsel for the Respondents: GP FOR IRRIGATION COMM AREA DEV The Court made the following: ORDER HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO WRIT PETITION No.40584 of 2022
ORDER:
The petitioner had been awarded the contract for Modernization- GW-Delta drainage system- Imporvements to minor drains and medium drains Construction of structures on Major, Medium and minor drains in Bondala and new- Yanamadurru sub-basin in Upputeru basin, West Godavari District, vide Agreement No.52 SE/2013-14, dated 30.10.2013. After execution of the said work, a final bill for Rs.29,61,924/- 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.
25.04.2023 BSM HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO WRIT PETITION No.40584 of 2022
25.04.2023 BSM
