M/S. Sai Vinayak Enterprises vs The State Of Andhra Pradesh
2023 Latest Caselaw 52 AP

             HON'BLE SRI JUSTICE K.SURESH REDDY

                    Writ Petition No.38188 of 2022

ORDER:-


      This writ petition is filed seeking the following relief:-

             "Writ Order or direction more particularly one in the
      nature of Writ of Mandamus declaring the action of the
      respondents in not releasing the admitted bill amounts of

Rs.8,08,902/- vide CFMS No.2022-148276, Rs.16,42,628/-, vide CMFS No.2022-148317, Rs.13,10,501/- vide CFMS No.2022- 148278, Rs.15,71,580/-, vide CFMS No.2022-148245, Rs.7,01,237/-, vide CMFS No.2022-202288 and Rs.41,65,354/- vide CMFS No.2022-202656 towards cost of the equipments, medicines and material supplied by the petitioner to the respondents Nos.2 to 15 even after finalizing the bills, is illegal, arbitrary, and consequently direct the respondents to pay the aforesaid amounts along with interest @ 24 % per annum to the petitioner"

2. The petitioner's firm is running business in the name and style

of M/s Sai Vinayak Enterprises, Vijayawada, and supplying veterinary

drugs, medicines and equipments under Mobile Veterinary Clinics,

Rajanna Pasu Vaidyam, Pasu Sanjeevani Programme to each Gram

Panchayat / Rythu Bharosa Kendra in the State of Andhra Pradesh and

the respondents 2 to 15 have placed orders for supply of equipments

like Gum boots, Insemination Glovers, Casting Rope, A1 Gun

containers, Semen Straw Lifting Forceps etc., Accordingly, the

petitioner supplied above said equipments to the respondents to a

tune of Rs.1,12,81,897, but in CFMS the aforesaid amount is being

reflected and balance amount of Rs.10,81,695/- is still under

consideration. Even though, the petitioner made number of

representations for release of the aforesaid admitted bill amounts as

generated in the CFMS, no action has been taken by them. Aggrieved

by the same, the petitioner filed the present writ petition.

3. Learned counsel for the petitioner submits that having

approved the bills with CFMS token numbers, non-payment of bills

amount is arbitrary and illegal.

4. On the other hand, learned Government Pleader submitted

that bills were already uploaded under CFMS Portal and the same are

awaiting for clearance from the government after receipt of budget.

5. This court, in various orders, including the judgment of a

learned single Judge of this court, dated 05-10-2021 in W.P.No.10038

of 2021 and batch had taken the view that such non-payment of dues

is arbitrary and that such dues need to be cleared by the respondents

at the earliest.

6. In view of the aforesaid directions of this court in various cases

and after hearing both sides, this writ petition is disposed of with a

direction to the respondents to pay the aforesaid admitted bill

amounts to the petitioner, within a period of eight(8) weeks from

the date of receipt of a copy of this order. It would also be open to

the petitioner to agitate his/her/their claim for interest, if any

payable by the respondents in an appropriate forum. No order as to

costs.

Miscellaneous Petitions, if any, pending in this writ petition

shall stand closed.

_______________ K.SURESH REDDY,J 3rd day of January,2023.

RPD

HON'BLE SRI JUSTICE K. SURESH REDDY

WRIT PETITION No. 38188 of 2022

Dated: 03.01.2023

RPD