Citation : 2022 Latest Caselaw 9736 AP
Judgement Date : 19 December, 2022
THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION No. 30234 of 2022
JUDGMENT:
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. Smt M.Lakshmi 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.
But the bills are required to be uploaded afresh by the 4th respondent.
3. Sri G. Naresh Kumar, learned counsel representing respondents Nos.
4 & 5 submits that the bills, will be uploaded, if not already uploaded in the
CFMS portal within two weeks from today.
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 respondent No.4 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 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.
Pending miscellaneous petitions, if any, shall stand closed in
consequence.
RAVI NATH TILHARI, J Date: 19.12.2022 MH THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION No. 30234 of 2022
19.12.2022
MH
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