Ch. Srinivasa Reddy vs The State Of Andhra Pradesh
2022 Latest Caselaw 8925 AP

Citation : 2022 Latest Caselaw 8925 AP
Judgement Date : 22 November, 2022

Andhra Pradesh High Court - Amravati

Ch. Srinivasa Reddy vs The State Of Andhra Pradesh on 22 November, 2022

       THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

                 WRIT PETITION No.32815 OF 2022

JUDGMENT:-

1.     Heard Smt Kavitha Gottipati, learned counsel for the

petitioner,     learned      Government          Pleader      for    Municipal

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

Padmaja, learned Government Pleader for Finance representing

the respondent Nos.2,6 and 7 Sri G. Naresh Kumar, learned

counsel for respondents 4 & 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 an appropriate Writ Order or Direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondents in not releasing the 3rd and Final Bill amount of Rs.1,97,773/- even after finalizing the bill payable to the petitioner in relation to the execution of work i e Kandukur Municipality SCSP Grant Construction of Storm water drain in Lumbinivanam at 6L11 ward vide agreement dt 22.03.2018 and supplementary agreement dated 11.02.2021 as the same is illegal arbitrary and consequently direct the respondents to release an amount of Rs.1,97,773/- with interest 12 percent per annum to the petitioner in respect of execution

of afore mentioned work 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 in

W.P.No.32815 of 2022 as per the proposal of the MA & UD

Department. 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 representing the

respondents 4 to 6 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 their consent 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.