Gsr Constructions vs The State Of Andhra Pradesh
2022 Latest Caselaw 8749 AP

Citation : 2022 Latest Caselaw 8749 AP
Judgement Date : 15 November, 2022

Andhra Pradesh High Court - Amravati

Gsr Constructions vs The State Of Andhra Pradesh on 15 November, 2022

       THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

                 WRIT PETITION No.32517 OF 2022

JUDGMENT:-

1.     Heard Smt Kavitha Gottipati, learned counsel for the

petitioner,     learned      Government         Pleader      for     Municipal

Administration, representing respondent Nos.1 & 3, Sri V.

Ashok Ram, learned Government Pleader for Finance,

representing respondent Nos.2, 6 and 7 and Sri G. Naresh

Kumar, learned counsel representing the respondents 4 and 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 an appropriate Writ Order or Direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondents in not releasing the 3rd and Final Bill amount of Rs,4,12,804/- even after finalizing the bill payable to the petitioner in relation to the execution of work i. e Kandukur Municipality SCSP Grant (2016-17). Construction of Storm water drain at Cherlo Harijana Palem in 28th ward vide agreement No.132/2017-18 dated 22.03.2018 as the same is illegal arbitrary and consequently direct the respondents to release an amount of Rs.4,12,804/- with interest 12percent per annum to the petitioner in respect of execution of afore

mentioned work 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 by

engaging the men and machinery. 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.32517 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 and the

payment shall be made within a period of six months.

6. Once the funds have been released and the bills are

uploaded, the 4th respondent has undertaken to upload the bills

within a period of two weeks from today, the request for making

the payment within six months is unreasonable.

7. Sri G. Naresh Kumar, learned counsel representing the

respondents 4 and 5 submits that the respondent No.4 shall

resubmit/upload the bills again in CFMS website within a

period of two (02) weeks from today.

8. 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.

9. 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.

10. 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 4th respondent - Kandukur Municipality, shall

resubmit/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, 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.

11. 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 that aspect, and

as requested by the learned counsel for the petitioner, the

petitioner is granted liberty to approach the appropriate forum,

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.

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