In a writ petition, the petitioner sought payment for executed construction works. The court directed respondents to complete verification within three weeks and pay dues within six weeks based on that verification.
Direct respondents to complete verification within three weeks and pay dues within six weeks thereafter.
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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO
W.P.No.9390 of 2022
ORDER:
The petitioner had been awarded the contracts for the execution of the works (1) providing CC road from Kaki Nagamani (D.No.11-794/3) house to Electrical Pole (Pole No.119/B/2/2) in 21st ward, (2) providing CC road from Akurathi Rama Rao, D.No.5-182D house to Chebrolu Gopala Rao D.No.5-180/2 in 9th ward, (3) modelization of Anganwadi center in municipal school for nursery and LKG rooms in Bank Colony 31st ward, (4) modelization of anganwadi center in municipal school for UKG and verandah in Bank Colony 31st ward, (5) providing CC road from Kondeti Venkateswara Rao house D.No.11-827 to municipal well in 21st ward, (6) balance CC road by the side of Gopalakrishna Theater Road in 27th and 29th ward, (7) providing CC road at Koppurao colony main road balance road in 20th ward, (8) raising CC drain from SR Plaza to Mallela Ankaiah (Dr.No.5-502J01) in 20th ward, (9) raising CC drain from Mahankali Rambabu D.No.5-520J4 house to Sri Kodanda Ayurveda Nilayam D.No.5502 in 20th ward, vide Agreement Nos. 134/2017-18, 154/2017-18, 155A/2017-18, 156A/2017-18, 169/2017-18, 170/2017-18, 239/2017-18, 244/2017-18, 245/2017-18. After execution of the said works, a final bill for Rs.6,89,129/- 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 has approached this Court by way of this writ petition.
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
RRR,J 2 W.P.No.9390 of 2022
contends that such non-payment of money is clearly arbitrary and highhanded requiring the interference of this Court.
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.
The learned Government Pleader submits that the respondent authorities are verifying the claims of the petitioner and would be in a position to make payments only after such verification is completed.
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 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.
11.07.2022 Mja
RRR,J 3 W.P.No.9390 of 2022
HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO
W.P.No.9390 of 2022
11.07.2022
Mja
2 issues framed by the court
Whether the court should direct the respondents to clear the unpaid bill for executed construction works.
Whether the respondents need to complete claim verification within a specified timeframe before payment.
PETITIONER
RESPONDENT AUTHORITIES
R. RAGHUNANDAN RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
