THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION No.30327 OF 2022
JUDGMENT:-
1. Heard Sri Prabhunath Vasireddy, learned counsel for the
petitioner, learned Government Pleader for Municipal
Administration, representing respondent Nos.1& 2, Smt V.
Padmaja, learned Assistant Government Pleader for Finance, representing respondent No.3 and Sri G. Naresh Kumar, learned counsel for the respondents 4 to 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 order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 1 to 6 in not paying the final bills to the petitioner in respect of the Agreement Nos. 220/2019-20 dated 07-03-2020 No 232/2019-20 dated 07-03-2020 No. 211/2019-20 dated 07-03-2020 No. 214/2019-20 dated 07-03-2020 and No. 209/2019-20 dated 07-03-2020 in relation to the work for construction of CC roads in Tenali Municipality Guntur District even after approval of the final Bills payable to the petitioner by the respondents 1 to 4 is arbitrary illegal and in violation of Articles 14 and 19 (1) (g) of the Constitution of India and consequently direct the respondents 1 to 6 to pay the final Bills dated 25-01-2021, 31-10-2020 2 16-02-2022, 19-02-2022 and 19-02-2022 of an amount of 2, 72, 519/ - Rs.6, 12,182/- Rs.2,84,949/-, Rs.2,87,397/- and Rs.3,02,782/- along with interest 12 percentto the petitioner and pass such 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 by engaging the men and machinery. The respondents are not justified in withholding the amount payable to the petitioner. Such action on their part is illegal and arbitrary.
5. Smt V. Padmaja, learned Assistant Government Pleader 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 bills and 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.
6. Sri G. Naresh Kumar, learned counsel representing the respondents 4 to 6 submits that the respondent No.4 shall resubmit/upload the bills again in CFMS website within a period of two (02) weeks from today.
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7. 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.
8. 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.
9. 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 4th respondent shall resubmit/upload the bills of the petitioner for the work in question, in CFMS portal within two (02) weeks from today;
b) The 3rd respondent, 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.4
10. 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.
11. 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:21.11.2022 Gk 5 THE HON'BLE SRI JUSTICE RAVI NATH TILHARI WRIT PETITION No.30327 OF 2022 Date:21.11.2022 Gk.