Singalreddy Venkata Lakshumma vs. The State Of Andhra Pradesh
Held
The Court held that the non-payment of admitted dues by the respondents was arbitrary and required the Court's intervention. Following its own previous pronouncements, including the order in W.P.No.10038 of 2021 and batch, the Court directed the respondents to complete the verification process within three weeks from the date of receiving the order. Subsequently, payments due to the petitioner were to be made within six weeks of the verification's completion. Crucially, the Court stipulated that if the verification was not completed within the three-week period, the respondents were to pay the amounts due without seeking further time. The petitioner was also granted liberty to pursue claims for interest, if any, in an appropriate forum. No costs were awarded.
Facts
The petitioner, a contractor, was awarded several contracts for the "Neeru-Chettu" programme in YSR Kadapa District. After completing the works, the petitioner submitted final bills totaling Rs. 19,51,584/- for payment. The respondents, however, failed to make the payments. The petitioner approached the High Court by way of a writ petition, contending that the non-payment was arbitrary and high-handed, especially since the entitlement to payment was admitted. The respondents stated that they were verifying the petitioner's claims and would process payment only after completion of verification.
Key Issues
1. Whether the continued non-payment of admitted dues to the petitioner by the respondents is arbitrary and warrants interference by this Court under Article 226 of the Constitution of India? Petitioner's contention: The petitioner argued that the non-payment of admitted dues was arbitrary and high-handed, necessitating judicial intervention. They relied on previous orders of the Court, including a learned Single Judge's order dated 05.10.2021 in W.P.No.10038 of 2021 and batch, which held similar non-payments as arbitrary and directed their clearance. Revenue/State's contention: The learned Government Pleader for Irrigation submitted that the respondent authorities were in the process of verifying the petitioner's claims and that payment would only be made after the completion of this verification process.
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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.2473 of 2023
ORDER:
The petitioner had been awarded various contracts for taking up the “Neeru-Chettu” programme for construction of check dams and desilting of feeder channels in Kalasapadu Mandal, YSR Kadapa District, under various agreements. After execution of the said works, final bills for Rs.3,93,000/- Rs.3,33,645/- Rs.2,67,073/- Rs.3,37,327/- Rs.3,17,501/- and Rs.3,57,069/- 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.
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.
This Court, in various orders, including the judgment of a learned Single Judge of this Court dated
2 05.10.2021 in W.P.No.10038 of 2021 and batch had taken the view that such non-paymen
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