Bollineni Venkateswarlu vs The State Of Andhra Pradesh,
2022 Latest Caselaw 9413 AP

Citation : 2022 Latest Caselaw 9413 AP
Judgement Date : 7 December, 2022

Andhra Pradesh High Court - Amravati

Bollineni Venkateswarlu vs The State Of Andhra Pradesh, on 7 December, 2022

       THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

                WRIT PETITION No.24593 OF 2022

JUDGMENT:-

1.     Heard Smt Kavitha Gottipati, learned counsel for the

petitioner,     learned      Government        Pleader      for     Municipal

Administration, representing respondent Nos.1 & 3, Smt

V.Padmaja, learned Government Pleader for Finance,

representing respondent Nos.2, 6 and 7 and Sri N. Ranga

Reddy, learned standing counsel representing the respondents 4

and 5.

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 an appropriate Writ Order or Direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondents in not releasing the 2nd and Final Bill net amount of Rs.7,39,513/- payable to the petitioner in relation to the execution of work i.e Providing basic amenities for Municipal Schools Located at 36th Ward Tiles Factory Municipal Elementary School 18th ward Sri Potti Sreeramulu Municipal Elementary and High School and 39th ward Yanadhi Palem Municipal Elementary School in Kavali

Municipality vide agreement No.336/2017-18/Plan Dated 10- 01-2018 and Supplementary agreement No.131/2019-20/Plan dated 15.06.2019 as the same is illegal arbitrary and unjust and consequently direct the respondents to release an amount of Rs. 7,39,513/- with interest 12 percent per annum to the petitioner in respect of execution of afore mentioned work forthwith and to pass necessary orders."

4. Sri N. Ranga Reddy submits that the 4th respondent

Municipality in the counter affidavit has stated that the 4th

respondent verified the work done by the petitioner, certified the

same as satisfactory in all respects, issued work completion

certificate and the file was forwarded to account section which

passed the final bill for the work done by the petitioner. The

first part of the bill amount of Rs.4,36,058/- was paid to the

petitioner and the second part of the bill amount of

Rs.7,28,292/- is to be paid to the petitioner which amount

could not be released due to non availability of the general fund

in the municipality. He submits that the funds are to be

released by the 2nd respondent which has not yet been released.

5. Smt V. Padmaja, learned Assistant Government Pleader

for the 2nd respondent submits that the bills have not been

uploaded by the 4th respondent in CFMS Portal and

consequently the funds cannot be released.

6. Contrary to the above submission, Sri. N. Ranga Reddy

submits that it is only after the fund is released, the bills can be

uploaded in CFMS portal.

7. In view of the stand taken in the counter affidavit, as

noted above, to which there is no contrary reply from the 2nd

respondent, the writ petition is being disposed of finally with the

following directions:

a) The respondents 4 and to 5 shall resubmit/upload the

bills of the petitioner for the work in question, in CFMS

portal within two (02) weeks from today; if fresh uploading

is required.

b) The 1st respondent - Principal Secretary, Finance

Department, 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.