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2022 Supreme(Online)(AP) 3047

HIGH COURT OF ANDHRA PRADESH TUESDAY ,THE SIXTEENTH DAY OF AUGUST

2022:APHC:24430

TWO THOUSAND AND TWENTY TWO PRSENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO WRIT PETITION NO: 20885 OF 2022

Between:

1. T.Sreenivasula Reddy S/o. T.Thimmareddy aged about 77 years, R/o. D.No. 2-12, Yenamalachintala Village, Kondapuram Mandal, YSR Kadapa District.

...PETITIONER(S) AND:

1. The State of Andhra Pradesh Rep. by its Principal Secretary, Finance Department, A.P. Secretariat Building, Velagapudi, Amaravathi.

2. The State of Andhra Pradesh Rep. by its Principal Secretary, Irrigation Department, A.P. Secretariat Building, Velagapudi, Amaravathi.

3. The District Collector Kadapa, YSR Kadapa District.

4. The Chief Engineer Minor Irrigation Department, Vijayawada, Krishna District.

5. The Superintending Engineer (Irrigation Circle) Miner Irrigation Works, Kadapa, YSR Kadapa District.

6. The Executive Engineer (W.R.Dept) Miner Irrigation Works Division, Kadapa, YSR Kadapa District.

...RESPONDENTS Counsel for the Petitioner(s): MARELLA RADHA Counsel for the Respondents: GP FOR FINANCE PLANNING

The Court made the following: ORDER HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO WRIT PETITION No.20885 of 2022

ORDER:

The petitioner had been awarded the contracts for taking up the “Neeru-Chettu” programme for Formation of Percolation tank near Gopal Reddy fields and Formation of percolation tank near Srinivasula Reddy fields in Yenamachintala Village Kondapuram Mandal of YSR Kadapa District, vide Agreement

Nos.2289/2017-18 dated 24.03.2018 and 2288/2017-18 dated

24.03.2018. After execution of the said works, final bills for

Rs.5,85,521/- and Rs.6,66,553/- 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 for Irrigation has filed counter affidavit stating 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 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.

16.08.2022 MJA

HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO WRIT PETITION No.20885 of 2022

16.08.2022 MJA

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