Sai Vishnu Constructions vs The State Of Ap
2022 Latest Caselaw 8614 AP

      THE HON'BLE SRI JUSTICE RAVI NATH TILHARI


                  WRIT PETITION No.32898 of 2022

JUDGMENT:-


1.    Heard Sri Polanki Anand Surya, learned counsel for the

petitioner,   learned       Government         Pleader        for   Municipal

Administration, representing respondent No.1, Sri G. Naresh

Kumar, learned counsel representing respondent Nos.2,3 and 4

and the learned Government Pleader for Finance for the

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 a Writ Order or Direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the respondents in withholding the payment of amount of Rs.38,14,676/-, even after finalizing bills in respect of work i.e., "Providing CC Road and internal roads and drains to 30th division hill area (TSP Grant)" vide Agreement No.SE/306/2017-18, dated 22.02.2018, as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of Rs.38,14,676/-, with interest @ 12% per annum for

the delayed amount to the petitioner in respect of execution of above mentioned work forthwith and pass such other or further orders as the Hon'ble Court feels deem fit and proper."

4. Learned counsel for the petitioner submits that the

petitioner completed the work entrusted to him by engaging

men and machinery. Being satisfied with the execution of work,

the respondents entered the same in measurements book and

prepared the bills on 18.11.2021, in respect of the above

mentioned work. 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 at 12% per annum 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 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 G. Naresh Kumar, learned counsel representing the

respondents 2, 3 and 4 submits that the respondent No.2 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 for the delayed period 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 2021 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 2nd respondent - Vijayawada 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 5th 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.32898 of 2022

Date:08.11.2022 Gk.