Disposed

K Mallikarjuna v. the State of Andhra Pradesh

Andhra Pradesh HC9 Feb 2023WP/65/2023

Case brief

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What is this about?

Writ petition filed for payment of final bill amount under a regradation contract. Court directed respondents to complete verification within three weeks and pay dues within six weeks, with penalty for delay in verification.

What did the court decide?

Direction to complete verification within 3 weeks and pay dues within 6 weeks from receipt; forfeiture of exemption clause if delay occurs.

K Mallikarjuna Vs the State of Andhra Pradesh — Banking and Recovery | Andhra Pradesh HC (2023)

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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO WRIT PETITION No.65 of 2023

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ORDER:

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The petitioner had been awarded the contract for

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taking up “Neeru-Chettu” Programme for Regradation of vanka from Karigaanipalli to Karigaanipalli forest area near Karigaanipalli Village, Kundurpi Mandal, Anantapuramu District, vide Agreement No.133Nc/2018-19 dated 31.07.2018. After execution of the said work, a final bill for Rs.5,14,959/- 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

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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 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 amount due to the petitioner, without insisting upon any further time for verification. It

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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,

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shall stand closed.

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____________________________ R. RAGHUNANDAN RAO, J

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09.02.2023 RKS

K Mallikarjuna v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

K Mallikarjuna v. the State of Andhra Pradesh

Case brief

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What did the court decide?

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