Disposed

Thalluru Kishore, v. The State of Andhra Pradesh

Andhra Pradesh HC7 Jul 2022WP/1238/2022

Case brief

AI extract

What is this about?

In a writ petition regarding unpaid contract dues, the single judge directed respondent authorities to complete verification within three weeks and pay the amount within six weeks. Failure to verify within three weeks mandates immediate payment without insisting on further verification time.

What did the court decide?

Direction to respondents to complete verification within three weeks and pay dues within six weeks from the date of order, with immediate payment liability if verification exceeds three weeks.

Thalluru Kishore, Vs The State of… — Contract and Commercial Disputes | Andhra Pradesh HC (2022)

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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

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WRIT PETITION No.1238 of 2022

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ORDER:

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The petitioner had been awarded the contract for taking up the “Neeru-Chettu” programme for 1) Somasila Project – BPR Canal-NCP-Constrution of protection works of SP@ KM.0.220 of Samavarapaddu Minor Distributory, 2) S.P.-B.P.R.C-NCPProviding protection works to Kothapalem tank O.T.Sluice, 3) S.P.-B.P.R.C-NCP- protection works to Drop wall at KM 0.409 of Kothapalem Major Distributory, vide Agreement Nos.84 DN/2017-18 dated 10.10.2017, Agreement No.128 DN(N)/201718 dated 09.10.2018, Agreement No. 66 DN(N)/2017-18 dated 11.03.2019. After execution of the said work, a final bill for Rs.23,56,450/- 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.

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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 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

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RRR,J W.P.No. 1238 of 2022

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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 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.

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

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____________________________ R. RAGHUNANDAN RAO, J.

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07.07.2022 ssp

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RRR,J W.P.No. 1238 of 2022

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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

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WRIT PETITION No.1238 of 2022

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07.07.2022

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ssp

Thalluru Kishore, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Thalluru Kishore, 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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