P Prakash Rao vs The State Of Ap
2022 Latest Caselaw 8948 AP

      THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

             WRIT PETITION No.34157 OF 2022

JUDGMENT:-


1.    By means of this writ petition filed under Article 226 of

the Constitution of India, the petitioner prays for direction to

the respondents to make the payment of the bill amount for the

works undertaken by the petitioner, under the agreement with

the respondents.

2. Smt V. Padmaja, learned AGP for

Finance representing the respondent No.2 submits on the basis

of instructions that the necessary funds for payment of the

amount under the bills have been released.

3. Sri S. Lakshminarayana Reddy, learned standing counsel

representing the respondents 4 to 6 submits that the bills will

be uploaded, if not already uploaded in the CFMS portal within

two weeks from today.

4. 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.

5. 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 consent of the learned counsels for

both the parties with the following directions:-

a) The respondents 3 to 5 shall resubmit/upload the bills

of the petitioner for the work in question, in CFMS portal

within two (02) weeks from today; if fresh uploading is

required.

b) The 1st 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.

c) The entire exercise shall be completed positively in ten

(10) weeks from today.

6. So far as the petitioner's prayer for interest is concerned,

as requested by the learned counsel for the petitioner, the

petitioner is granted liberty to approach the appropriate forum,

if so advised, clarifying that the grant of time to the respondents

as aforesaid, would not adversely affect the petitioner's claim for

interest for the period of entitlement, if any, under law.

7. The writ petition is disposed of finally with the aforesaid

directions and observations. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any

pending, shall also stand closed.

__________________________ RAVI NATH TILHARI,J Date:23.11.2022 Gk

THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

WRIT PETITION No.34157 OF 2022

Date:23.11.2022 Gk.