Citation : 2023 Latest Caselaw 486 AP
Judgement Date : 30 January, 2023
THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION No.40683 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. Sri V. Ashok Ram, learned Government Pleader for
Finance representing the respondent Nos.2 & 3 submits on the
basis of instructions that the necessary funds for payment of
the amount under the bills have been released.
3. Sri N. Ranga Reddy, learned standing counsel
representing the respondent No.4 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. 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 respondent No.4 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 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.
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:30.01.2023 Gk
THE HON'BLE SRI JUSTICE RAVI NATH TILHARI
WRIT PETITION No.40683 OF 2022
Date:30.01.2023 Gk.
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