THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION No.29822 OF 2022
JUDGMENT:-
1. Heard Sri Sasanka Bhuvanagiri, 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 Nos.2,3, 5 and 7 and Sri N. Ranga Reddy, learned standing counsel representing the respondents
6.
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 or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not paying the admitted total bill amount of Rs.6, 73,200/- (Six Lakhs Seventy Three Thousand and Two Hundred) payable to petitioner for items supplied to 6th respondent under seven work orders bearing ROC Numbers 402/2018/F1 dt.31-10-2018, 403/2018/F1 (dt 29.10.2018) 404/2018/F1 (dt.29-10-2018) 405/2018/F1 (dt 20-10-2018) 408/2018/F1 (dt 20-10-2018) 409/2018/F1 (dt 20-10-2018) and 410/2018/F1 (dt 29-10-2018) issued by 6th respondent despite 2 lapse of more than three and half years even after finalising the bills as illegal arbitrary unconstitutional and consequently direct the respondents herein to immediately pay the admitted total bill amount of Rs.6,73,200/- (Six Lakhs Seventy Three Thousand and Two Hundred) to petitioner herein for items supplied to 6th respondent under above seven work orders with an interest 12 percent per annum and pass necessary orders."
4. Learned counsel for the petitioner submits that the petitioner completed the works to the satisfaction of the respondents within the stipulated time under the agreement. The respondents are not justified in withholding the amount payable to the petitioner. Such action on their part is illegal and arbitrary.
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.29822 of 2022 as per the proposal of the MA & UD Department. The Municipal Authority has to resubmit the admitted bills to the financial department for clearance and after receiving the bills the same will be cleared on priority basis and ways and means position of the State finance and the payment shall be made within a period of six months. 3
6. Once the funds have been released and the bills are uploaded, the 6th respondent has undertaken to upload the bills within a period of two weeks from today, the request for making the payment within six months is unreasonable.
7. Sri N. Ranga Reddy, learned standing counsel representing the respondent 6 submits that the respondent No.6 shall resubmit/upload the bills again in CFMS website within a period of two (02) weeks from today.
8. Learned counsel for the petitioner submits that the petitioner has also claimed interest on delayed payment but with respect to that prayer, liberty may be granted to the petitioner to approach in appropriate proceedings.
9. The bills for payment of the petitioner are pending since long and such nonpayment is not justified if the petitioner has discharged the work under the agreement, in terms of the agreement.
10. However, considering the submissions advanced by the learned counsels for the parties/and after recording the stand of the respondents as submitted, the writ petition is being disposed of finally with the following directions:-
a) The 6th respondent - Kavali Municipality, shall resubmit/upload the bills of the petitioner for the work in 4 question, in CFMS portal within two (02) weeks from today;
b) The 2nd respondent - Principal Secretary, Finance Department, Secretariat, Velagapudi, Guntur District, shall within a further period of eight (8) weeks shall release the amount payable, to the petitioner, on due verification and scrutiny as per the procedure, if there is no other legal impediments in making payment.
c) The entire exercise shall be completed positively in ten (10) weeks from today.
11. So far as the petitioner's prayer for interest is concerned, it would involve determination of various factors including questions of fact. Consequently, at this stage in the exercise of writ jurisdiction, the Court is not entering into that aspect, and as requested by the learned counsel for the petitioner, the petitioner is granted liberty to approach the appropriate forum, if so advised, clarifying that the grant of time to the respondents as aforesaid, would not adversely affect the petitioner's claim for interest for the period of entitlement if any, under law.
12. The writ petition is disposed of finally with the aforesaid directions and observations. No order as to costs.
As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed.
__________________________ RAVI NATH TILHARI,J Date:15.11.2022 Gk 5 THE HON'BLE SRI JUSTICE RAVI NATH TILHARI WRIT PETITION No.29822 of 2022 Date:15.11.2022 Gk.