Mamidala Bhaskar vs The Gov Of Andhra Pradesh
2022 Latest Caselaw 8882 AP

Citation : 2022 Latest Caselaw 8882 AP
Judgement Date : 21 November, 2022

Andhra Pradesh High Court - Amravati

Mamidala Bhaskar vs The Gov Of Andhra Pradesh on 21 November, 2022

       THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

                WRIT PETITION No.29694 OF 2022

JUDGMENT:-

1.     Heard Sri Gada Venkateswarlu, learned counsel for the

petitioner,     learned     Government        Pleader     for    Municipal

Administration, representing respondent Nos.2,3 & 4, Smt V.

Padmaja, learned Government Pleader for Finance, representing

respondent Nos.1, 6 and 5 and Sri G. Naresh Kumar, learned

counsel for respondents 7 to 10.

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 an appropriate Writ Order or orders or Direction more one in the nature of Writ of Mandamus declaring the action of the respondents in not paying or releasing of final bill for an amount of Rs.40,00,000/ forty lakhs rupees only in respect contract work vide administrative sanction proceedings No.Agt No.01/2021-22 dated 9.4.2021 and Technical sanction E.E (PH) R.No.314/202021 dated 12- 22-021 and for an amount of Rs.40,00,000/- forty lakhs rupees only in respect contract work vide administrative sanction proceedings No Agt No.02/2021-22 dated 7.5.2021 and Technical sanction E.E (PH) R.No. 313/2020-21 dated

12.2.2021 of the executive engineer Public Health Division Ongole for the work Providing Transportation of Drinking Water through tankers in various Wards of Kanigiri Nagara Panchayat (Spell-8 and 9) of Kanigiri Nagar Panchayat General Funds 2021-22/ASC SD-RF Grant of Kanigiri Nagara Panchayat, Kanigiri Mandal, Prakasam District admittedly completed by the petitioner admittedly completed by the petitioner as illegal arbitrary unjust and violation of principles of Natural Justice and violation of the Article 14 of tie Constitution of India and consequently direct the respondents to pay or release the said undisputed outstanding final bill in respect of aforesaid contract works forthwith 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 AGP 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 as

per the proposal of the MA & UD Department 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 for the

respondents 7 to 10 submits that the respondent No.7 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 7th 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 - Principal Secretary, Finance

Department, 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