Andhra Pradesh High Court - Amravati
N Rajendra Prasad vs The State Of Andhra Pradesh on 21 November, 2022
THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION No.29691 OF 2022
JUDGMENT:-
1. Heard Sri K. Rathangapani Reddy, learned counsel for the
petitioner, learned Government Pleader for Municipal
Administration, representing respondent No.2, Smt V. Padmaja,
learned Assistant Government Pleader for Finance, representing
respondent No.1 and Sri N. Ranga Reddy, learned standing
counsel for the respondents 3 and 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
appropriate writ order or direction more particularly one in the nature Writ of
Mandamus declaring the action of the respondents in not paying the admitted
bill amount of Rs.16,05,146/- payable to the petitioner for the work of laying
of BT Road from E P No. D2/113/6 to E P No. D2/144/8 from D.No. 16/525
to D. No. 16/60/64 at Devi Nagar to E W N 37 in Adoni Municipality under
14th FC Grants 2019-20 in Kurnool District vide agreement No. 226/2021-22
dated 22.03.2022 entered with the respondents as illegal arbitrary violative of
Arts 14 and 19(g) of the Constitution of India and consequently direct the
Respondents to forthwith release the payment of above bill amount along
with interest and pass such 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 N. Ranga Reddy, learned standing counsel
representing the respondents 3 to 6 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. 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 3rd 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 2nd 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.29691 OF 2022
Date:21.11.2022
Gk.
