Viswanadhapalli Ramprasad vs The State Of Ap
2022 Latest Caselaw 8778 AP

Citation : 2022 Latest Caselaw 8778 AP
Judgement Date : 16 November, 2022

Andhra Pradesh High Court - Amravati

Viswanadhapalli Ramprasad vs The State Of Ap on 16 November, 2022

       THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

               WRIT PETITION No.25328 OF 2022

JUDGMENT:-

1.     Heard Sri Rambabu Koppineedi, learned counsel for the

petitioner,    learned      Government        Pleader      for    Municipal

Administration, representing respondent Nos.1, 4 and 5, Smt V.

Padmaja, learned Assistant Government Pleader for the

respondent Nos.2 & 3 and Sri G. Naresh Kumar, learned

counsel representing the respondent No.6.

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 or any other appropriate writ or direction declaring the action of the respondents in not releasing the payments for the works i.e Construction of B.T. Road from Dunaboyina Pattabhi Ramayya House D.No.5-125 to existing CC Road near Penki Tulasi Vani House at Mattadipalem in 20th ward GF in Mummidivaram Nagar Panchayat through the Agreement No.18/2021-22 dated 08.10.2021 for an amount of Rs.3,45,161/- as illegal arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to release Rs.3,45,161/- with interest at 18 percent for the

pending bills forthwith for the above said works executed by the petitioner 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. Smt V. Padmaja, learned Government Pleader 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.25328 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. Sri G. Naresh Kumar, learned counsel representing the

respondent No.6 5 submits that the respondent No.6 shall

resubmit/upload the bills again in CFMS website within a

period of two (02) weeks from today.

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

uploaded, the 6th 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.

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 - Mummidivaram Nagar Panchayat, 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.