Sri Hari Mungamuru vs The State Of Andhra Pradesh,
2022 Latest Caselaw 9670 AP

      THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

             WRIT PETITION No.23976 OF 2022

JUDGMENT:-


1.    By means of this writ petition filed under Article 226 of

the Constitution of India, the petitioner prays for direction to

the respondents to make the payment of the bill amount for the

works undertaken by the petitioner, under the agreement with

the respondents.

2. Sri N. Ranga Reddy, learned standing counsel for the

respondents 4 and 5 based on the counter affidavit submits that

there is no dispute regarding the work done by the petitioner

which was measured and entered into the measurement book

and the bills were generated and uploaded in the CFMS portal

in the year 2018 and approved by the 7th respondent in the year

2019 but the payment was not made and the bills were returned

for want of funds.

3. Smt V. Padmaja, learned AGP for Finance representing

the respondent Nos.2, 6 and 7 submits on the basis of

instructions that the necessary funds for payment of the

amount under the bills have been released and now it is for the

Municipality to upload the bills afresh in CFMS portal.

4. 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.

5. 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 consent of the learned counsels for both the

parties with the following directions:-

a) The respondents 4 and 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 2nd 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.

c) The entire exercise shall be completed positively in ten

(10) weeks from today.

6. So far as the petitioner's prayer for interest is concerned,

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.

7. 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:15.12.2022 Gk

THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

WRIT PETITION No.23976 OF 2022

Date:15.12.2022 Gk.