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K Eswara Reddy, v. The State of Andhra Pradesh

Andhra Pradesh HC8 Nov 2022WP/11589/2022

Case brief

AI extract

What is this about?

The Court disposed of a writ petition filed by a contractor seeking payment for works executed. While payments were pending, the Court directed authorities to complete verification within three weeks and pay dues within six weeks, mandating immediate payment if verification is delayed.

What did the court decide?

Direction to respondents to complete verification within three weeks and pay dues within six weeks, with immediate payment if verification is delayed.

K Eswara Reddy, Vs The State of Andhra… — Civil Procedure and Limitation | Andhra Pradesh HC (2022)

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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

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WRIT PETITION No.11589 of 2022

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ORDER:

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The petitioner had been awarded the contracts for

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taking up the “Neeru-Chettu” programme for Improvements to ayacut road of third canal to Kakkarla chenu road and Improvements to ayacut road of Gunjalapadu rastha to Mudigedu Polimera road near Koilakuntla (V) & (M) in Kurnool District, vide Agreement Nos.969/2018-19 dated 02.05.2019 and 924/2018-19 dated 02.05.2018. After execution of the said works, final bills for Rs.7,87,018/- and Rs.7,94,995/- 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.

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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.

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This Court, in various orders, including the

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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.

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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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In view of the aforesaid directions of this Court in

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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

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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.

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

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____________________________ R. RAGHUNANDAN RAO, J

08.11.2022 MJA

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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

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WRIT PETITION No.11589 of 2022

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08.11.2022

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MJA

K Eswara Reddy, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

K Eswara Reddy, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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