Andhra Pradesh High Court - Amravati
M. Butchaiah And Co vs The State Of Andhra Pradesh on 21 November, 2022
THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION No.30327 OF 2022
JUDGMENT:-
1. Heard Sri Prabhunath Vasireddy, learned counsel for the
petitioner, learned Government Pleader for Municipal
Administration, representing respondent Nos.1& 2, Smt V.
Padmaja, learned Assistant Government Pleader for Finance,
representing respondent No.3 and Sri G. Naresh Kumar,
learned counsel for the respondents 4 to 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 1 to 6 in not paying the
final bills to the petitioner in respect of the Agreement Nos. 220/2019-20
dated 07-03-2020 No 232/2019-20 dated 07-03-2020 No. 211/2019-20 dated
07-03-2020 No. 214/2019-20 dated 07-03-2020 and No. 209/2019-20 dated
07-03-2020 in relation to the work for construction of CC roads in Tenali
Municipality Guntur District even after approval of the final Bills payable to
the petitioner by the respondents 1 to 4 is arbitrary illegal and in violation of
Articles 14 and 19 (1) (g) of the Constitution of India and consequently direct
the respondents 1 to 6 to pay the final Bills dated 25-01-2021, 31-10-2020
16-02-2022, 19-02-2022 and 19-02-2022 of an amount of 2, 72, 519/ - Rs.6,
12,182/- Rs.2,84,949/-, Rs.2,87,397/- and Rs.3,02,782/- along with interest
12 percentto the petitioner and pass such 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 Assistant 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 bills and 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.
6. Sri G. Naresh Kumar, learned counsel representing the
respondents 4 to 6 submits that the respondent No.4 shall
resubmit/upload the bills again in CFMS website within a
period of two (02) weeks from today.
7. 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.
8. 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.
9. 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 shall resubmit/upload the bills of the
petitioner for the work in question, in CFMS portal within
two (02) weeks from today;
b) The 3rd respondent, 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.
10. 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.
11. The writ petition is disposed of finally with the aforesaid
directions and observations. No order as to costs.
As a sequel thereto, miscellaneous petitions, if any
pending, shall also stand closed.
__________________________
RAVI NATH TILHARI,J
Date:21.11.2022
Gk
THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION No.30327 OF 2022
Date:21.11.2022
Gk.
