Sd Amanulla vs The State Of Andhra Pradesh
2023 Latest Caselaw 178 AP

       THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

                WRIT PETITION No.21907 OF 2022

JUDGMENT:-

1.     Heard Sri Kambhampati Ramesh Babu, learned counsel

for the petitioner, learned Government Pleader for Municipal

Administration, representing respondent Nos.1 and 6, Smt V.

Padmaja, learned Assistant Government Pleader for Finance,

representing respondent Nos.2 to 5 and Sri N. Ranga Reddy,

learned standing counsel for the respondents 7 and 8.

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 tune of Rs.5,23,108/- of the petitioner for the work executed by him namely laying of CC Roads Construction of CC Drains in 6th and 7th wards in Venkatagiri Municipality under Scheduled Casts Sub Plan 2018-2019 (Package-3) under agreement No. 218/2018-19 as illegal arbitrary malafidy highhanded and contrary to the procedure established by law apart from being voilative of Articles 14 and 19(g) of the Constitution of India 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. Learned counsel for the petitioner further submits that

payment under the previous part bill was made to the petitioner

under the interim order dated 05.10.2021, passed in the batch

of Writ Petitions leading W.P.No.20022 of 2020 in which the

petitioner's Writ Petition No.20583 of 2021 was also clubbed.

He further submits that the respondents have now prepared the

final bill under which an amount ofRs.5,23,108/- for the work

executed by the petitioner under the agreement No.218/2018-

19 is pending.

5. Smt V. Padmaja, learned Assistant Government Pleader

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.21907 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 and ways and means position of

the State finance and the payment shall be made within a

period of six months.

6. Sri N. Ranga Reddy, learned standing counsel

representing the respondents 7 and 8 submits that the

respondent No.7 shall resubmit/upload the bills again in CFMS

website within a period of two (02) weeks from today.

7. Once the funds have been released and the bills are

uploaded, the 7th respondent has undertaken to upload the bills

within a period of two weeks from today, the request for making

the payment within six months is unreasonable.

8. 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.

9. 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.

10. 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 7th respondent - Venkatagiri Municipality, 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.

c) The entire exercise shall be completed positively in ten

(10) weeks from today.

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

it would involve determination of various factors including

questions of fact. Consequently, at this stage in the exercise of

writ jurisdiction, the Court is not entering into that aspect, and

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.

12. 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:16.11.2022 Gk

THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

WRIT PETITION No.21907 OF 2022

Date:16.11.2022 Gk.