Palla Pydi Naidu, vs The State Of Andhra Pradesh,
2023 Latest Caselaw 2910 AP

Citation : 2023 Latest Caselaw 2910 AP
Judgement Date : 5 May, 2023

Andhra Pradesh High Court - Amravati

Palla Pydi Naidu, vs The State Of Andhra Pradesh, on 5 May, 2023

     THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

              WRIT PETITION No. 32783 OF 2022

JUDGMENT:-

1)     Heard Sri. Bathala Ramesh, learned Counsel for the

Petitioner, learned Government Pleader for Municipal

Administration and Urban Development for Respondent

Nos.1, 3 and 6, learned Government Pleader for Finance

and Planning for the Respondent No. 2 and Sri. K.Madhava

Reddy, learned Standing Counsel for Respondent Nos.4, 5

and 7.

2) The Petitioner has filed this Writ Petition, under

Article 226 of the Constitution of India, for the following

relief:-

"......pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the payment of net balance amount Rs.33,24,214/- vide M Book No.189/14-15 even after finalizing the bills, payable to the petitioner in relation to the works i.e., Construction of 1st Floor at Karakachettu Polamamba temple, Kalyanamandapam in ward no. 16, vide Agreement No. 90/18-19/SE-II/EE-II/DB, dated 15.05.2018 is questioned, as the same is illegal,

arbitrary and consequently direct the respondents to consider for payment of amounts of Rs.33,24,214/ vide M Book No.189/14-15 with interest @ 24% per annum for the delayed amount to the petitioner in respect of execution of abovementioned work forthwith and to pass.................."

3) Learned counsel for the Petitioner submits that the

non-payment of the pending bills after the Petitioner

completed the work is unjustified. He further submits that

though the Petitioner has claimed interest also on delayed

payment but with respect to that prayer, liberty may be

granted to the Petitioner to approach in appropriate

proceedings.

4) Learned Government Pleader for Finance and

Planning submits the 2nd Respondent has filed counter

affidavit. The stand taken is that the 2nd Respondent has

not received any proposal for sanction of budget/additional

budget from the 1st Respondent. It is submitted that, no

bills are pending with the 2nd Respondent but as and

when proposal is received the 1st Respondent will issue

necessary administrative sanction and on the bills being

uploaded, the payment would be processed and made to

the Petitioner after due verification and scrutiny as per the

procedure.

5) Sri. K. Madhava Reddy, submits that in order to

facilitate the payment through C.F.M.S., the Petitioner had

to secure beneficiary I.D., for which the intimation was

sent to the Petitioner and just few days back the Petitioner

has submitted the beneficiary I.D. He submits that, the

bills for payment were tried to be uploaded in C.F.M.S.

portal, but due to the error "Source HOA and DDO not

found for budget checking", the same could not be

uploaded. He submits that, for resolution of such error, the

4th Respondent has sent a letter to the Director of Works

Accounts vide Lr. Rc. No. 24/2023-24/SE(W)-II/EE-III,

dated 01.05.2023, and as soon as the issue is resolved the

bills would be uploaded in C.F.M.S. portal.

6) Sri. K. Madhava Reddy, further submits that, so-far-

as the execution of the work is concerned, the Petitioner

completed the work in all respects and measurements were

recorded. The bills were prepared and submitted to the Pay

and Accounts Office for clearance.

7) Learned Standing Counsel submits that the 3rd

Respondent has written to the Commissioner and Director

of Municipal Administration, A.P. Vaddeswaram, Guntur

District, for sanction of special grants for payment of

completed works.

8) In view of the above submissions advanced by the

learned counsels for the parties, the writ petition is being

disposed of finally, with the consent of the learned

counsels for all the parties by issuing the following

directions:-

a) The 1st Respondent shall ensure issuance of

necessary administrative sanction pursuant to the

request of the 3rd Respondent towards payment of the

due amount to the Petitioner.

b) The 4th Respondent shall upload the bills of the

Petitioner for the work in question in C.F.M.S. portal

within two (02) weeks and if fresh uploading is

required, the same also be timely done.

c) The 2nd Respondent - Principal Secretary, Finance

Department, shall within a further period of eight (8)

weeks release the amount payable, to the Petitioner,

on due verification/scrutiny and as per the

procedure.