Lanka Ramasiva Reddy vs The State Of Andhra Pradesh
2023 Latest Caselaw 2631 AP

      THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

                WRIT PETITION No.1361 OF 2023

JUDGMENT:-
      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. Learned counsel for the petitioner submits that the

petitioner has completed the works as per the schedule and as

per the terms of the agreement. The bills were submitted by the

petitioner to the 3rd respondent and the same were forwarded to

the 4th respondent. However, no steps are initiated to make

payment to the petitioner for the works done. Hence, the

present writ petition.

3. Sri P. Anand Surya, learned counsel representing Sri K.

Suresh Kumar Reddy, learned Standing Counsel for the

respondents 2 and 3 submits that the bills have been uploaded

in CFMs portal.

4. Learned Government Pleader for

Finance submits that in CFMs portal a bill No.2023-200580 is

received in the Finance Department for an amount of

Rs.18,43,786/- pertains to present writ petition and it is waiting

for fund clearance. It will be cleared at the earlier as per the

procedure, after due verification.

5. Considering the prayer and the stand taken by the

respondents, no fruitful purpose would be served in keeping the

writ petition pending.

6. Consequently, without observing anything on the merits

of the petitioner's claim, the writ petition is being disposed of

finally with the following observations and directions:-

a) If the petitioner has performed the work under the

agreement as aforesaid, the respondents shall verify the

same and after due scrutiny, if the liability is not disputed

or/and the liability for the amount claimed is not

disputed. The 4th respondent - Principal Secretary,

Finance Department, shall within a period of eight (08)

weeks, release the amount, if payable, to the petitioner, as

per the prescribed procedure and if there is no other legal

impediment in making the payment.

b) So far as the petitioner's prayer for interest is concerned,

as it would involve determination of various factors

including questions of fact, in the exercise of writ

jurisdiction, the Court is not entering into that aspect,

but is granting liberty to the petitioner 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, if any,

under law.

7. If there is dispute with respect to the liability or for any

part of the amount claimed, the payment to the extent of

admitted liability shall be made. With respect to the disputed

liability, it will be open for the petitioner to take recourse to the

appropriate remedy in appropriate Forum, as may be open and

if so advised.

8. The writ petition is disposed of finally in the aforesaid

terms. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any

pending, shall also stand closed.

__________________________ RAVI NATH TILHARI,J Date:28.04.2023 Gk

THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

WRIT PETITION No.1361 OF 2023

Date:28.04.2023

Gk