Dismissed

Yellaboina Mallaiah v. the State of Andhra Pradesh

Andhra Pradesh HC6 Jul 2022WP/14315/2022

Case brief

AI extract

What is this about?

Petitioner filed a writ petition seeking payment of certified construction dues for check dams. Court directed authorities to complete verification within three weeks and pay dues within six weeks. If verification exceeds three weeks, payment must be made immediately.

What did the court decide?

Direction to verify claims within three weeks and pay dues within six weeks; immediate payment if verification delayed beyond three weeks.

Yellaboina Mallaiah Vs the State of… — Contract and Commercial Disputes | Andhra Pradesh HC (2022)

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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO WRIT PETITION No.14315 of 2022

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ORDER:

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The petitioner had been awarded various contracts for taking up the “Neeru-Chettu” programme for Construction of check dams across Siddula Chinna Vagu near Rachakonda Village and Desilting and Bund strengthening of Atchireddy Tank near Kundampalli Village, Pullalacheruvu Mandal, Prakasam District, vide Agreement No.530/2018-19 dated 04.01.2019, ii)Agreement No.554/2018-19 dated 05.01.2019 and iii)Agreement No.783/2018-19 dated 08.03.2019. After execution of the said works, a final bill for Rs.26,35,672/- 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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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

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stand closed.

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____________________________ R. RAGHUNANDAN RAO, J.

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06.07.2022 RKS

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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

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WRIT PETITION No.14315 of 2022

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06.07.2022

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RKS

Yellaboina Mallaiah v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Yellaboina Mallaiah 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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