P. Veera Reddy, vs The State Of Andhra Pradesh
2022 Latest Caselaw 8613 AP

      THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

               WRIT PETITION No.29604 of 2022

JUDGMENT:-

1.    Heard Sri Kambhampati Ramesh Babu, learned counsel

for the petitioner, learned Government Pleader for Municipal

Administration, representing respondent No.1, Sri V. Ashok

Ram, learned Government Pleader for Finance, representing

respondent Nos.2 & 3 and Sri N. Ranga Reddy, learned standing

counsel for the 4th respondent.

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 Order or Direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the respondents in not releasing payment for the bill to the petitioner for the work executed by him namely i.e Providing CC drain from old Panchayath Office to Mathamma Tree in Collegemitta in 5th Ward under Agreement No.94/2019-20 dated 17.02.2020 for an amount of Rs.4,24,778/- as illegal arbitrary malafidy highhanded and contrary to the procedure established by law apart from being voilative of Articles 14 and 19 (1) (g) of the Constitution of India and consequentially direct the respondents to release the payment of above bill along with

interest forthwith in the interest of justice and pass necessary orders."

4. Learned counsel for the petitioner submits that the

petitioner completed the work entrusted to him as per the terms

and conditions of the agreement with the 4th respondent. He

submits that the above amount was sanctioned for public work

and cannot be withhold for any reason. The respondents are

under obligation to satisfy the bill for the work done by him

under the agreement. The respondents are not justified in

withholding the amount payable to the petitioner even after

completing the work within the stipulated time and to their

satisfaction. Hence, the petitioner is entitled for payment of the

said bill along with interest from the date of completion of the

work.

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

instructions submits that the funds are released and bills are to

be prepared and to be uploaded by the Head of Department for

the W.P.No.29604 of 2022 and after receiving the bills, these

bills will be cleared on priority basis as per ways and means

position of the State Finance.

6. Sri N. Ranga Reddy, learned standing counsel for the 4th

respondent submits that the respondent No.4 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 2020 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 4th respondent - Venkatagiri Municipality, 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;

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.29604 of 2022

Date:08.11.2022 Gk.