Talluru Venkateswarlu vs The State Of Ap
2022 Latest Caselaw 8610 AP

      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 the satisfaction of the

respondents and within the stipulated time. The interest on the

amounts borrowed by him is piling up day by day. If the

amounts are not paid at the earliest, the petitioner will be put to

irreparable loss and hardship. The respondents are not

justified in withholding the amounts payable to him. Hence, the

petitioner is entitled for payment of the said bill along with

interest @ 24% per annum from the date of execution of the

above said work.

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.32903 of 2022 as per the proposal of the MA & UD

Department.

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

the respondents 6 and 7 submits that the respondent No.6 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 from the date of completion of

the work 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 through the CFMS

portal in the year 2018 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 - Tirupati Municipal Corporation,

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

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:08.11.2022 Gk

THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

WRIT PETITION No.32989 of 2022

Date:08.11.2022 Gk.