Smt Gose Rama Devi vs. The State Of Andhra Pradesh
Held
The Court disposed of the writ petition with a direction to the respondents to complete the verification process within three weeks of receiving the order. Subsequently, the respondents were directed to pay the amount due to the petitioner within six weeks, contingent on the outcome of the verification. The Court clarified that if the verification was not completed within three weeks, the respondents were to pay the amount due without seeking further time. The petitioner was also informed that it was open to agitating their claim for interest, if any, in an appropriate forum. The Court referenced its previous orders in similar matters, including W.P.No.10038 of 2021 and batch, which held non-payment of dues to be arbitrary.
Facts
The petitioner was awarded a contract for embankment repairs to Emani channel, for which a final bill of Rs. 8,83,713/- was submitted. The petitioner approached the High Court via a writ petition as the respondents had not made the payment despite admitting entitlement. The petitioner contended that the non-payment was arbitrary and high-handed. The respondents, represented by the Government Pleader, stated that they were verifying the petitioner's claims and payment would be made after verification.
Key Issues
1. Whether the non-payment of admitted dues to the petitioner is arbitrary and warrants interference by this Court, as per the petitioner's contention, relying on previous judgments of this Court including W.P.No.10038 of 2021 and batch. 2. Whether the respondents' claim of needing to complete verification before payment is a valid ground for delaying the payment, as argued by the Government Pleader. The petitioner argued that the non-payment of admitted dues was arbitrary and required immediate intervention. The respondents argued that verification of claims was necessary before payment could be processed.
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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.25163 of 2022
ORDER:
The petitioner had been awarded the contract for O&M- Embankment repairs to Emani channel at Km 5.100 in Emabu (V) of Duggirala (M) of Guntur District, vide Agreement No.56KW/2020-21 dated 06.07.2020. After execution of the said work, a final bill for Rs.8,83,713/- 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.
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 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 05.10.2021 in W.P.No.10038 of 2021 and batch had taken
2 the view that such non-payment of dues is arbitrary and that such dues need to be cleared by the respondents at the earlie
The judgment continues below.
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