Mahammad Avez Baig vs The State Of Andhra Pradesh
2023 Latest Caselaw 1629 AP

Citation : 2023 Latest Caselaw 1629 AP
Judgement Date : 23 March, 2023

Andhra Pradesh High Court - Amravati

Mahammad Avez Baig vs The State Of Andhra Pradesh on 23 March, 2023

      THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

               WRIT PETITION No.7111 OF 2023

JUDGMENT:-

1.    Heard Sri Kambhampati Ramesh Babu, learned counsel

for the petitioner and learned Government Pleader for Municipal

Administration for the respondent Nos.1 and 3, learned

Assistant Government Pleader for Finance for the respondent

No.2 and Sri N.Ranga Reddy, learned Standing Counsel for the

respondent No.4.

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 petitioner for the work executed by him namely Construction of CC road from D.No. 27-2-988 to Madhavi Nilayam at Balajinagar in Division No.13 under agreement No.67/2022-23 for an amount of Rs.7,20,934/- as illegal, arbitrary, malafidy, highhanded and contrary to the procedure established by law apart from being voilative of Articles 14 and 19 (1) (g) of the Constitution of India and consequentially direct the

respondents to release the payment of above bill along with interest forthwith in the interest of justice and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."

4. Learned counsel for the petitioner submits that the

respondent No.4 entrusted the work for Construction of CC

Road from D.No.27-2-988 to Madhavi Nilayam at Balajinagar in

Division No.13 by executing the agreement No.67-2022-23 after

going through the tender process. The petitioner executed the

work, which was recorded in measurement book and the pass

order was also issued for an amount of Rs.7,20,934/-. The final

bills were prepared but the payment has yet not been made. He

submits that the respondents are not justified in withholding

the amount for which the bill has been submitted.

5. Considering the prayer, no fruitful purpose would be

served in keeping the 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 petitioner's bills will be uploaded on CFMS

Portal, if not already uploaded and if fresh upload is

required, the same shall be done within a period of three

(03) weeks from the date copy of this order is submitted

before the respondent No.4, to the extent of admitted

liability.

b) The 2nd respondent - Principal Secretary, Finance

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

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

due verification and scrutiny as per the procedure and if

there is no other legal impediment in making payment.

c) The entire exercise shall be completed within a period of

three (03) months from the date copy of the order is

produced before the respondent Nos.2 and 4.

d) It is clarified that 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