Andhra Pradesh High Court - Amravati
Kamadhenu Feeds Private Limited vs The State Of Andhra Pradesh on 13 December, 2022
Bench: K Suresh Reddy
HON'BLE SRI JUSTICE K.SURESH REDDY
W.P.No.36532 of 2022
ORDER:-
This writ petition is filed seeking the following relief:-
"to issue an appropriate Writ, Order or Direction more
particularly in the nature of the Writ of Mandamus declaring the
action of the Respondents in not effecting the payment of approved
bills vide CFMS No.2021-1676482 for an amount of
Rs.14,72,310/-, CFMS No.2021-2435901 for an amount of
Rs.6,08,076/-, CFMS No.2021-2277634 for an amount of
Rs.2,53,416/-, CFMS No.2022-786780 for an amount of
Rs.6,56,893/-, CFMS No.2021-1657268 for an amount of
Rs.40,52,928/-, CFMS No.2021-1478949 for an amount of
Rs.59,866/-. CFMS No. 2022-785618 for an amount of
Rs.21,41,650/-, CFMS No.2021-1450448 for an amount of
Rs.27,16,613/-, CFMS No.2021-1846915 for an amount of
Rs.12,17,524/-, CFMS No.2021-1845026 for an amount of
Rs.41,25,071/- CFMS No.2021-2307582 for an amount of
Rs.1,61,83,228/-, CFMS No.2021-2307814 for an amount of
Rs.75,61,620/-, CFMS No.2021-1615010 for an amount of
Rs 1,18,51,030/-, CFMS No.2021-1610701 for an amount of
Rs.16,08,368/-, CFMS No.2021-2306549 for an amount of
Rs.34,98,999/-, CFMS No.2021-1559546 for an amount of
Rs.10,16,470/-, CFMS No.20211451440 for an amount of
Rs.13,70,000/- and CFMS.No2021-1608504 for an amount of
Rs.23,69,715/-, to the petitioner which were pending before the
3rd Respondent and paying subsequently approved bills, as
arbitrary, illegal, in violation of Article 14, 21 and 300A of the
Constitution of India and for extraneous considerations, and
consequently direct the Respondents to effect the payment of the
approved bills vide CFMS No.2021-1676482 for an amount of
Rs.14,72,310/-, CFMS No.2021-2435901 for an amount of
Rs.6,08,076/-, CFMS No.2021-2277634 for an amount of
Rs.2,53,416/-, CFMS.No.2022-786780 for an amount of
Rs.6,56,893/-, CFMS No.2021-1657268 for an amount of
Rs.40,52,928/-, CFMS No.2021-1478949 for an amount of
Rs.59,866/-. CFMS No.2022-785618 for an amount of
Rs.21,41,650/-, CFMS No.2021-1450448 for an amount of
Rs.27,16,613/-, CFMS No.2021-1846915 for an amount of
Rs.12,17,524/-, CFMS No.2021-1845026 for an amount of
Rs.41,25,071/- CFMS No.20212307582 for an amount of
Rs.1,61,83 228/-, CFMS No.2021-2307814 for an amount of
Rs.75,61,620/-, CFMS No.2021-1615010 for an amount of
Rs.1,18,51,030/-, CFMS No.2021-1610701 for an amount of
Rs.16,08,368/-, CFMS No.2021-2306549 for an amount of
Rs.34,98,999/-, CFMS No.2021-1559546 for an amount of
Rs.10,16,470/-, CFMS No.2021-1451440 for an amount of
Rs.13,70,000/- and CFMS No.2021-1608504 for an amount of
Rs.23,69,715/-. to the petitioner forthwith."
2. The contention of the petitioner is that it was awarded
the contract works by the 2nd respondent i.e., supply of Cattle
feed and Pig feed to the 2nd respondent and his subordinate
offices and in that process an amount of Rs.6,27,63,777/- has
to be paid by the respondents. Further, it is the contention of
the petitioner that even though the respondents admitted that
the petitioner is entitled for payment of the aforesaid amount,
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.
3. This court, in various orders, including the judgment of
a learned single Judge of this court, dated 05-10-2021 in
W.P.No.10038 of 2021 and batch had taken the view that
such non-payment of dues is arbitrary and that such dues
need to be cleared by the respondents at the earliest.
4. The learned Government Pleader for Animal Husbandry
has filed a counter-affidavit contending inter alia that the bills
were presented in time to effect payment to the petitioner;
that the Department has no intention to act illegal, arbitrary
and violation of Articles.14, 19(1)(g) and 300A of the
Constitution of India; that since the bills were presented to
CFMS and tokens were generated subsequently, but the
payments were not made to the petitioner for want of funds
at treasury.
5. In view of the aforesaid directions of this court in
various cases and after hearing both sides, this writ petition is
disposed of, at the stage of admission, with a direction to the
respondents to pay the pending bill amounts to the petitioner
within a period of eight(8) weeks from the date of receipt of a
copy of this order. It would also be open to the petitioner to
agitate its claim for interest, if any payable by the
respondents in an appropriate forum.
No order as to costs. Miscellaneous Petitions, if any,
pending in this writ petition shall stand closed.
_______________
K.SURESH REDDY,J
13-12-2022.
TSNR
