Mamidala Bhaskar vs The State Of Andhra Pradesh
2023 Latest Caselaw 2736 AP

      THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

              WRIT PETITION No.33114 OF 2022

JUDGMENT:-

1.    Heard Sri Gada Venkateswarlu, learned counsel for the

petitioner and learned Government Pleader for Finance for the

respondent Nos.1 and 6, learned Government Pleader for

Municipal Administration for the respondent Nos.2 and 3 and

learned Government Pleader for Revenue for the respondent

Nos.4 and 5 and Sri G. Naresh Kumar, learned counsel,

representing Sri M. Manohar Reddy, learned Standing Counsel

for the respondent Nos.7 to 10.

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:-

"For the reasons stated above it is prayed that this Hon'ble Court may be pleased to issue an appropriate writ, order or orders or direction more one in the nature of Writ of Mandamus declaring the action of the respondents in not paying or releasing of final bill for an amount of Rs. 40,00,000/-(forty lakhs rupees only) in respect contract work vide administrative sanction proceedings. No. Agt No. 05/2021-22, dated 30-6-2021 and Technical sanction E. E (PH) R.No. 21/2020-21, dated 29-5-2021 of the executive engineer, Public Health Division Ongole for the

work "Providing Transportation of Drinking Water through tankers in various Wards of kanigiri Nagara Panchayat (Spell-3) of Kanigiri Nagar Panchayat General Funds 2021-22/ASC (SDRF) Grant of Kanigiri Nagara Panchayat, Kanigiri Mandal, Prakasam District admittedly completed by the petitioner admittedly completed by the petitioner as illegal, arbitrary, unjust and violation of principles of Natural Justice and violation of the Article 14 of the Constitution of India and consequently direct the respondents to pay or release the said undisputed outstanding final bill in respect of aforesaid contract works forthwith to the petitioner and pass such other order or orders as this Honble Court may deems fit just and proper in the circumstances of the case."

4. Learned counsel for the petitioner submits that the

respondent Nos.7 to 10 entrusted the work for Providing

Transportation of Drinking Water through tankers in various

Wards of Kanigiri Nagara Panchayat (Spell-3) of Kanigiri Nagar

Panchayat - General Funds 2021-22/ASC (SDRF) Grant of

Kanigiri Nagara Panchayat, Kanigiri Mandal, Prakasam District

by executing the Agreement No. /2021-22. The petitioner

executed the work, which was recorded in measurement book.

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 Nos.7 to 10, 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, 7 to 10.

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

the petitioner to take recourse to the appropriate remedy

in appropriate forum, if so advised.

7. 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: 02.05.2023 SCS

THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

WRIT PETITION No.33114 OF 2022

Date:02.05.2023 Scs.