THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION No.32989 of 2022
JUDGMENT:-
1. Heard Sri Bathala Ramesh, learned counsel for the
petitioner, learned Government Pleader for Municipal
Administration, representing respondent Nos.1 & 4, Sri V.
Ashok Ram, learned Government Pleader for Finance, representing respondent No.3 and the learned Government Pleader for the respondents 2 and 5, and Sri K. Suresh Kumar Reddy, learned standing counsel for the respondents 6 and 7.
2. With the consent of the parties counsels, the writ petition is being disposed of finally at this stage.
3. This writ petition under Article 226 of the Constitution of India has been filed for the following relief:-
"It is therefore prayed that this Hon'ble Court may be pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the payment of net balance amount Rs.13,06,907/ vide CFMS number 2021-1449484 and Deposits EMD and FSD etc even after finalizing the bills payable to the petitioner in relation to the works i.e Establishment of Model Gym along with Steam and Sona Bath in Sri Srinivasa Sports Complex vide Agreement No.815/17-18 dated 18.02.2018 is questioned as the same is illegal arbitrary and consequently direct the respondents to 2 consider for payment of amounts of Rs 13.06.907/vide CFMS number 2021-1449484 and Deposits EMD and FSD etc with interest 24% percent per annum for the delayed amount to the petitioner in respect of execution of abovementioned work forthwith and pass necessary orders."
4. Learned counsel for the petitioner submits that the petitioner completed the works the satisfaction of the respondents and within the stipulated time. The interest on the amounts borrowed by him is piling up day by day. If the amounts are not paid at the earliest, the petitioner will be put to irreparable loss and hardship. The respondents are not justified in withholding the amounts payable to him. Hence, the petitioner is entitled for payment of the said bill along with interest @ 24% per annum from the date of execution of the above said work.
5. Sri V. Ashok Ram, learned GP for Finance on the basis of instructions submits that the Finance Department has released the required amount vide G.O.Rt.No.3265 dated 10.06.2022 and G.O.Rt.No.3408 dated 08.07.2022 to clear the pending bill in W.P.No.32903 of 2022 as per the proposal of the MA & UD Department.
6. Sri K. Suresh Kumar Reddy, learned standing counsel for the respondents 6 and 7 submits that the respondent No.6 shall 3 upload the bills afresh in CFMS website within a period of two (02) weeks.
7. Learned counsel for the petitioner submits that the petitioner has claimed interest from the date of completion of the work till the date of payment as well and with respect to that prayer, liberty may be granted to the petitioner to approach the respondent authorities and if their grievance in that respect is not attended, to approach in appropriate proceedings.
8. The bills for payment were submitted through the CFMS portal in the year 2018 but are still unpaid to the petitioner, however, considering the submissions advanced by the learned counsels for the partiers, with their consent, the writ petition is being disposed of finally with the following directions:-
a) The 6th respondent - Tirupati Municipal Corporation, shall upload the bills of the petitioner for the work in question, in CFMS portal within two (02) weeks from today;
b) The 3rd respondent - Principal Secretary, Finance Department, Secretariat, Velagapudi, Guntur District, shall thereafter within a period of eight (8) weeks shall release the payable amount after due verification and scrutiny, to the petitioner, if there is no other legal impediment;4
c) The petitioner is granted liberty as prayed with respect to the claim of interest on delayed payment;
d) The petitioner's claim for grant of interest for delayed payment, if the petitioner approaches the respondents, shall be duly considered by the competent authority/respondents within a month of the petitioner so approaching;
e) The grant of time to the respondents as in (a) & (b) above on their request for payment, would not adversely affect the petitioner's claim for interest for the period from the date of entitlement for interest, under law, up to the date of actual payment;
9. The writ petition stands disposed of finally in the aforesaid terms. No order as to costs.
As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed.
__________________________ RAVI NATH TILHARI,J Date:08.11.2022 Gk 5 THE HON'BLE SRI JUSTICE RAVI NATH TILHARI WRIT PETITION No.32989 of 2022 Date:08.11.2022 Gk.