Talluru Venkateswarlu vs The State Of Ap
2022 Latest Caselaw 8553 AP

Citation : 2022 Latest Caselaw 8553 AP
Judgement Date : 8 November, 2022

Andhra Pradesh High Court - Amravati

Talluru Venkateswarlu vs The State Of Ap on 8 November, 2022

      THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

                WRIT PETITION No.32989 of 2022

JUDGMENT:-

1.    Heard Sri Bathala Ramesh, learned counsel for the

petitioner,    learned       Government          Pleader      for      Municipal

Administration, representing respondent Nos.1 & 4, Sri V.

Ashok Ram, learned Government Pleader for Finance,

representing respondent No.3 and the learned Government

Pleader for the respondents 2 and 5, and Sri K. Suresh Kumar

Reddy, learned standing counsel for the respondents 6 and 7.

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 a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the payment of net balance amount Rs.13,06,907/ vide CFMS number 2021-1449484 and Deposits EMD and FSD etc even after finalizing the bills payable to the petitioner in relation to the works i.e Establishment of Model Gym along with Steam and Sona Bath in Sri Srinivasa Sports Complex vide Agreement No.815/17-18 dated 18.02.2018 is questioned as the same is illegal arbitrary and consequently direct the respondents to

consider for payment of amounts of Rs 13.06.907/vide CFMS number 2021-1449484 and Deposits EMD and FSD etc with interest 24% percent per annum for the delayed amount to the petitioner in respect of execution of abovementioned work forthwith and pass necessary orders."

4. Learned counsel for the petitioner submits that the

petitioner completed the works to the satisfaction of the

respondents within the stipulated time under the agreement.

The respondents are not justified in withholding the amount

payable to the petitioner. Such action on their part is illegal

and arbitrary.

5. Sri V. Ashok Ram, learned GP for Finance on the basis of

instructions submits that the Finance Department has released

the required amount vide G.O.Rt.No.3265 dated 10.06.2022 and

G.O.Rt.No.3408 dated 08.07.2022 to clear the pending bill in

W.P.No.32989 of 2022 as per the proposal of the MA & UD

Department. The Municipal Authority has to resubmit the

admitted bills to the financial department for clearance and

after receiving the bills the same will be cleared on priority basis

and ways and means position of the State finance.

6. Sri K. Suresh Kumar Reddy, learned standing counsel for

the respondents 6 and 7 submits that the respondent No.6 shall

resubmit/upload the bills again in CFMS website within a

period of two (02) weeks from today.

7. 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.

8. The bills for payment of the petitioner are pending since

long and such nonpayment is not justified if the petitioner has

discharged the work under the agreement, in terms of the

agreement.

9. However, 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 following directions:-

a) The 6th respondent - Tirupati Municipal Corporation,

shall resubmit/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 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.

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

it would involve determination of various factors including

questions of fact. Consequently, at this stage in the exercise of

writ jurisdiction, the Court is not entering into the aspect, and

as requested by the learned counsel for the petitioner, the

petitioner is granted liberty to approach the appropriate form, 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.

11. The writ petition is disposed of finally with the aforesaid