G S R Constructions vs The State Of Ap
2022 Latest Caselaw 8752 AP

Citation : 2022 Latest Caselaw 8752 AP
Judgement Date : 15 November, 2022

Andhra Pradesh High Court - Amravati

G S R Constructions vs The State Of Ap on 15 November, 2022

      THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

               WRIT PETITION No.29786 OF 2022

JUDGMENT:-

1.    Heard Sri Sasanka Bhuvanagiri, 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 Nos.2,3, 5 and 7 and Sri N. Ranga

Reddy, learned standing counsel representing the respondents

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 or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not paying the admitted total bill amount of Rs. 16,53,982/- (Rupees Sixteen Lakhs Fifty Three Thousand and Nine Hundred Eighty Two) payable to petitioner for items supplied to 6th respondent under 15 work orders bearing ROC Numbers 367/2018/F1 dt 08.10.2018, 205/2020/F1 dt 12-03- 2020, 206/2020/F1 dt 12-03-2020, 207/2020/F1 dt 18-03-2020, 208/2020/F1 dt 18-03-2020, 209/2020/F1 dt 12-03-2020,

210/2020/F1 dt 12-03-2020, 211/2020/F1 dt 18-03-2020, 244/2020/F1 dt 18-03-2020, 244/2020/F1 dt 20-03-2020, 244/2020/F1 dt 28-03-2020, 244/2020/F1 dt 28-03-2020, 244/2020/F1 dt 28-03-2020, 244/2020/F1 dt 10-04-2020, 244/2020/F1 dt 10-04-2020 and 4 agreements bearing Numbers 16/2019-20/Gen 17/2019-20/Gen 18/2019-20/Gen and 19/2019- 20/Gen with 6th respondent despite lapse of more than two years as illegal arbitrary unconstitutional and consequently direct the respondents herein to immediately pay the admitted total bill amount of Rs.16,53,982/- (Rupees Sixteen Lakhs Fifty Three Thousand and Nine Hundred Eighty Two) to petitioner herein for items supplied to 6th respondent under above 15 work orders and 4 agreements with an interest 12 percent per 0annum 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.

The respondents are not justified in withholding the amount

payable to the petitioner. Such action on their part is illegal

and arbitrary.

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

respondent on the basis of instructions submits that the delay

of settlement of final bill to the petitioner is no willful negligence

of latches on part of the 6th respondent except the reason

unavailability of general fund in Kavali Municipality and the

respondent 6 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 6th respondent - Kavali 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, Secretariat, Velagapudi, Guntur District, 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

directions and observations. No order as to costs.