The Water Distributary Committee vs. The State Of Andhra Pradesh
Held
The Court held that the non-payment of admitted dues, as contended by the petitioner and supported by previous High Court judgments, was arbitrary. The Court directed the respondents to complete the verification process within three weeks of receiving the order. Following the verification, the respondents were ordered to pay the amount due to the petitioner within six weeks. The Court further clarified that if the verification process was not completed within the stipulated three weeks, the respondents must pay the amount due without seeking further time for verification. The petitioner was also granted the liberty to pursue their claim for interest, if any, in an appropriate forum. The Court did not decide on the issue of interest, leaving it open for the petitioner to agitate.
Facts
The petitioner was awarded a contract for the "Neeru-Chettu" Programme in Amalapuram, East Godavari District, vide an agreement dated 26.07.2018. After completing the work, the petitioner submitted a final bill for Rs.1,87,276/- plus 9% GST. The respondents have not made the payment despite the petitioner's entitlement. The petitioner filed a writ petition seeking intervention from the High Court due to the alleged arbitrary and high-handed non-payment. The respondents, through the learned 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 the admitted dues to the petitioner by the respondents is arbitrary and requires the High Court's interference under its writ jurisdiction? Petitioner's contentions: The petitioner argued that the respondents admitted their entitlement to the payment but were withholding it, which was arbitrary and high-handed. They relied on previous orders of the High Court, including a learned Single Judge's judgment in W.P.No.10038 of 2021 and batch, which held that non-payment of dues is arbitrary and requires prompt clearance. Respondents' contentions: The respondents contended that they were in the process of verifying the petitioner's claims and would be in a position to make payment only after the completion of this verification process.
Sections Cited
None explicitly mentioned as being discussed or forming the basis of the decision, beyond the general context of payment of dues.
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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO
WRIT PETITION No.30919 of 2022
ORDER:
The petitioner had been awarded the contract for taking up “Neeru-Chettu” Programme for Removal of weed growth Amalapuram Main Canal from Nadipudi lock to Chintalapudi lock in D.C in Amalapuram, East Godavari District, vide Agreement No.93/2018-19 dated 26.07.2018. After execution of the said work, a final bill for Rs.1,87,276/- + 9% GST 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 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 no
The judgment continues below.
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