THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION No.23473 of 2022
JUDGMENT:-
1. Heard Sri N. Srinivasa Rao, learned counsel for the
petitioner, learned Government Pleader for Municipal
Administration, representing respondent Nos.1 and 2, Sri V.
Ashok Ram, learned Government Pleader for Finance,
representing respondent No.3, learned Government Pleader for
Revenue, representing respondent No.4 and Sri G.Naresh
Kumar, learned counsel, representing Sri M.Manohar Reddy,
learned Standing Counsel for respondent No.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 any writ, order or direction more particularly one in the nature of writ of Mandamus declaring the inaction on the part of the respondents herein not releasing the due bills amount worth of Rs.6,79,723/- (Rupees Six lakhs seventy nine thousand seven hundred and twenty three only) with interest @ 12% p.a., as per the Judgment of this Hon'ble Court in W.P.No.19525/2021 (W.P.No.10038/2021 and Batch) 2
dated 05.10.2021 under the Scheduled Castes Component (SCC) Grant 2018-19 to the petitioner till today and causing heavy loss to the Petitioner even though the works were completed within time as illegal, arbitrary and violative of Articles 14, 16 and 21 of the Constitution of India and consequently direct the Respondents to release and pay the due bill amount of Rs.6,79,723/- (Rupees Six lakhs seventy nine thousand seven hundred and twenty three only) with Interest forthwith to the petitioner and pass such other order or orders as this Hon'ble Court may deems fit just and proper in the circumstances of the case."
4. Learned counsel for the petitioner submits that the
petitioner executed the work for construction of CC drains to
6th Cross Road at @ Nara Chandrababu Naidu Colony (Lenin
Nagar) in the 29th ward of Piduguralla Municipality under SCC
Grant 2018-19, about worth of Rs.6,79,723/- and completed
the same within a stipulated time. The petitioner submitted the
bills for payment for the work done but the payment has not yet
been made.
5. Sri V. Ashok Ram, learned GP for Finance on the basis of
instructions submits that bills uploaded in CFMS Website were
rejected and though the reason for rejection was not assigned in
the Bill status but the rejection was on the ground of 'closure of
the year activity of the year 2019', and now the petitioner's bills
are to be uploaded afresh by the respondent No.5 in CFMS 3
portal, upon which the payment shall be released in petitioner's
favour after due verification and scrutiny within a period of 8
weeks.
6. Sri G. Naresh Kumar submits that the respondent No.5
shall upload the bills afresh in CFMS website within a period of
two (02) weeks.
7. Learned counsel for the petitioner submits that the
petitioner has claimed interest @ 12% per annum till the date of
payment as well and with respect to that prayer, liberty may be
granted to the petitioner to approach the respondent authorities
and if their grievance in that respect is not attended, to
approach in appropriate proceedings.
8. The bills for payment were submitted in the year 2019 but
are still unpaid to the petitioner, however, considering the
submissions advanced by the learned counsels for the partiers,
with their consent, the writ petition is being disposed of finally
with the following directions:-
a) The 5th respondent - Piduguralla Municipality, shall
upload the bills of the petitioner for the work in question,
in CFMS portal within two (02) weeks from today;
b) The 3rd respondent - Principal Secretary, Finance
Department, Secretariat, Velagapudi, Guntur District,
shall thereafter within a period of eight (8) weeks shall 4
release the payable amount after due verification and
scrutiny, to the petitioner, if there is no other legal
impediment;
c) The petitioner is granted liberty as prayed with respect to
the claim of interest on delayed payment;
d) The petitioner's claim for grant of interest for delayed
payment, if the petitioner approaches the respondents,
shall be duly considered by the competent
authority/respondents within a month of the petitioner so
approaching;
e) The grant of time to the respondents as in (a) & (b) above
on their request for payment, would not adversely affect
the petitioner's claim for interest for the period from the
date of entitlement for interest, under law, up to the date
of actual payment;
9. The writ petition stands disposed of finally in the
aforesaid terms. No order as to costs.
As a sequel thereto, miscellaneous petitions, if any pending,
shall also stand closed.
__________________________ RAVI NATH TILHARI,J Date: 01.11.2022 SCS
