P Basha Khan, vs The State Of Andhra Pradesh,
2022 Latest Caselaw 8887 AP

Citation : 2022 Latest Caselaw 8887 AP
Judgement Date : 21 November, 2022

Andhra Pradesh High Court - Amravati

P Basha Khan, vs The State Of Andhra Pradesh, on 21 November, 2022

       THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

                WRIT PETITION No.25496 OF 2022

JUDGMENT:-

1.     Heard Sri Bathala Ramesh, learned counsel for the

petitioner,     learned     Government         Pleader     for    Municipal

Administration, representing respondent Nos.1 & 3, Smt V.

Padmaja, learned Assistant Government Pleader for Finance,

representing respondent No.2, and Sri K. Suresh Kumar Reddy,

learned standing counsel for the respondents 4 and 5.

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 of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the payment of net balance amount Rs. 34,39,536/- vide MB No. 14/20-21 even after finalizing the bills payable to the petitioner in relation to the works i.e Construction of Dr. YSR Urban Clinic UPHC at Muzaffar Nagar in Kurnool Municipal Corporation vide Agreement No. 14/21-22 dated 10. 06.2021 is questioned as the same is illegal arbitrary and consequently direct the respondents to consider for payment of amounts of Rs.34,39,536/- vide MB No.14/20-21 with interest 24 percent per annum for the delayed amount to the petitioner

in respect of execution of abovementioned work forthwith 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 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 P. Anand Surya, learned counsel representing Sri K.

Suresh Kumar Reddy, learned standing counsel for the

respondents 4 and 5 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 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.