Chinthapatla Murali Krishna, vs The State Of Andhra Pradesh
2022 Latest Caselaw 8928 AP

Citation : 2022 Latest Caselaw 8928 AP
Judgement Date : 22 November, 2022

Andhra Pradesh High Court - Amravati

Chinthapatla Murali Krishna, vs The State Of Andhra Pradesh on 22 November, 2022

       THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

                  WRIT PETITION No.23914 OF 2022

JUDGMENT:-

1.     Heard Sri Kambampati Ramesh Babu, learned counsel for

the petitioner, learned Government Pleader for Municipal

Administration, representing respondent No.1, Smt V. Padmaja,

learned Government Pleader for Finance representing the

respondent Nos.2 and 3 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 issue a Writ Order or Direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the respondents in not releasing payment for the bill to the petitioner for the work executed by him namely Completion of incomplete Mahila Swasakthi Bhavan Construction of Compound wall and CC approach road to Mahila Swasakthi Bhavan and Dr YSR Urban Primary Health Center at Busuthota in 24th ward venkatagiri Municipality as illegal arbitrary malafidy highhanded and contrary to the procedure established by law apart from being voilative of Articles 14 and 19 (1) (g) of the Constitution of India and consequentially

direct the respondents to release the payment of above bill along with interest forthwith in the interest of justice 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.23914 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 N. Ranga Reddy, learned standing counsel

representing 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 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.