D.D.R. And Co., vs The State Of Andhra Pradesh,
2022 Latest Caselaw 8889 AP

Citation : 2022 Latest Caselaw 8889 AP
Judgement Date : 21 November, 2022

Andhra Pradesh High Court - Amravati

D.D.R. And Co., vs The State Of Andhra Pradesh, on 21 November, 2022

       THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

                 WRIT PETITION No.21007 OF 2022

JUDGMENT:-

1.     Heard Smt Kavitha Gottipati, learned counsel for the

petitioner,     learned      Government          Pleader      for    Municipal

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

Padmaja, learned Government Pleader for Finance, representing

respondent Nos.2, 6 and 7 and Sri N. Ranga Reddy, learned

standing counsel for 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 an appropriate Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the 4th and Final Bill net amount of Rs.80,61,371/- even after finalizing the bill payable to the petitioner in relation to the execution of work i.e Construction of CC Roads and CC Drains in Various wards 6, 16, 36, 39 and 40 of Kavali Municipality under TSP Grant 2016-17 Single Package vide agreement No.105/2018-19/TSP Grant dated 27-07-2018 and Supplemental Agreement No. 184/2019-20/TSP dated 10-07-2019 as the same is illegal arbitrary and unjust and consequently direct the respondents to

release an amount of Rs.80,61,371/- with interest 12 percent per annum to the petitioner in respect of execution of afore mentioned work forthwith and to 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 in 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 N. Ranga 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 - 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.