Lingareddy Harerama Reddy vs The State Of Andra Pradesh,
2022 Latest Caselaw 8779 AP

Citation : 2022 Latest Caselaw 8779 AP
Judgement Date : 16 November, 2022

Andhra Pradesh High Court - Amravati

Lingareddy Harerama Reddy vs The State Of Andra Pradesh, on 16 November, 2022

       THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

               WRIT PETITION No.23818 OF 2022

JUDGMENT:-

1.     Heard Sri K.V. Aditya Chowdary, learned counsel for the

petitioner,   learned     Government      Pleader    for   Municipal

Administration, representing respondent Nos.1 and 2, Sri N.

Ranga Reddy, learned standing counsel for the respondents 3 to

5 and Smt V. Padmaja, learned Assistant Government Pleader

for 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 declaring the action of the respondents in not paying bill amount of Rs.79,87,899/- in connection with the work for the Agreement No.94/2018- 19 dated 05-02-2021 in pursuant to SDF Grants for Construction of CC road around Gandhi Park at West Street in Ward No.16 under State Development Scheme SDS Grant 2019-20 as illegal irregular arbitrary violative under Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents to pay an amount

of Rs.79,87,899/- along with interest 24 percent p.a covered under M-Books (156/2020-21) to 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.23818 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 N. Ranga Reddy, learned standing counsel

representing the respondents 3 to 5 submits that the

respondent No.3 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 3rd 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 3rd respondent - Naidupeta 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 6th 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.