N Rajendra Prasad vs The State Of Andhra Pradesh,
2022 Latest Caselaw 8885 AP

Citation : 2022 Latest Caselaw 8885 AP
Judgement Date : 21 November, 2022

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.29589 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 an 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.8,18,603/- payable to the petitioner for the work of Replacement of 315 HDPE pumping mains from a Satish Medical store to Srinivasa Bhavan, b) Sai Baba Temple to Gangaram Hospital c) 100 mm distribution main from Shankar Nagar to Bheemi Reddy Colony in Ward No. 21 under 14th FC 2019-20 in Kurnool District vide agreement No. 289/2020- 21 dated 31.12.2020 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 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.