Andhra Pradesh High Court - Amravati
Kumpatla Sriram vs State Of Andhra Pradesh on 8 November, 2022
THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION No.28237 of 2022
JUDGMENT:-
1. Heard Sri K. Rambabu, learned counsel for the petitioner,
learned Government Pleader for Municipal Administration,
representing respondent Nos.1, 4 and 5, Sri V. Ashok Ram,
learned Government Pleader for Finance, representing
respondent Nos. 2 and 3, and Sri G.Naresh Kumar, learned
counsel, representing Sri M.Manohar Reddy, learned Standing
Counsel for respondent Nos. 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 to issue a Writ,
Order, or Direction more particularly one in the nature of WRIT OF
MANDAMUS or any other appropriate writ or direction declaring the
action of the respondents in not releasing the payments for the works
i.e., i) Providing CC Drain from brahma gari temple opposite to Church
road in 5th ward in Akiveedu Nagar Panchayat through the Agreement
No. /2020-21 dated 31-03-2021 for an amount of Rs. 2,40,179/- and
ii) Providing Gravel Road from Santha Market Atukulamilli to Kinjarapu
Jaya House in 6th ward in Akiveedu Nagar Panchayat through the
Agreement No. /2020-21 dated 31-03-2021 for an amount of Rs. 2,68,
038/- totaling for an amount of Rs. 5,08,217/- as illegal, arbitrary and
violative of Art 14 and 21 of Constitution of India and consequently
direct the respondent authorities to release Rs. 5,08,217/- for the
pending bills forthwith for the above said works by the petitioner and
pass such order are orders that the Honourable Court may deem fit
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 i)
Providing CC Drain from brahma gari temple opposite to Church road in
5th ward in Akiveedu Nagar Panchayat through the Agreement No.
/2020-21 dated 31-03-2021 for an amount of Rs. 2,40,179/- and ii)
Providing Gravel Road from Santha Market Atukulamilli to Kinjarapu
Jaya House in 6th ward in Akiveedu Nagar Panchayat through the
Agreement No. /2020-21 dated 31-03-2021 for an amount of Rs.2,68,
038/- totaling for an amount of Rs. 5,08,217/- 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 2022', and now the petitioner's bills
are to be uploaded afresh by the respondent No.6 in CFMS
portal, upon which the payment shall be released in petitioner's
favour after due verification and scrutiny within a period of
eight (8) weeks.
6. Sri G. Naresh Kumar submits that the respondent No.6
and 7 shall upload the bills afresh in CFMS website within a
period of two (02) weeks.
7. The learned counsel for the petitioner submits that
though the petitioner has claimed interest in the writ petition,
but based on the instructions from the petitioner, the petitioner
is not claiming any interest on the due amount and confines his
prayer only to the payment of the amount under the bill.
8. The bills for payment were submitted in the year 2022 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 6th respondent - Akiveedu Nagar Panchayat, shall
upload the bills of the petitioner for the work in question,
in CFMS portal within two (02) weeks from today;
b) The 2nd respondent - Principal Secretary, Finance
Department, Secretariat, Velagapudi, Guntur District,
shall thereafter within a period of eight (8) weeks shall
release the payable amount after due verification and
scrutiny, to the petitioner, if there is no other legal
impediment;
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: 08.11.2022
GRL/MH
THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
W.P.No.28237 OF 2022
Date : 08.11.2022
GRL/MH.
