Kanteti Sai vs The State Of Andhra Pradesh
2023 Latest Caselaw 5327 AP

       THE HONOURABLE SMT JUSTICE V. SUJATHA

             WRIT PETITION NO.27149 OF 2023

ORDER:

This writ petition came to be filed under Article 226 of the

Constitution of India seeking the following relief:

"....to issue a WRIT OF MANDAMUS declaring the

action of the respondents herein in not making payment of

five(5) Bills i) Bill No 336214/2019 for an amount of

Rs.4,06,096/- ii) Bill No 160470/2020 for an amount of

Rs.73,265/- iii) Bill No 2699788/2019 for an amount of

Rs.1,99,793/- iv) Bill No 2706143/2019 for an amount of

Rs.5,38,029/- v) Bill No 207834/2021 for an amount of

Rs.5,29,375/- executed between the Petitioner and 4th

Respondent herein basing upon Bill Receipts issued in that

regard as illegal, arbitrary and violative of Article 14 and

19(1)(g) of the Constitution of India and consequently

direct the respondents herein to make payment of the bills

to the Petitioner in respect of the above said Bill receipts

forthwith and pass such....."

2. Heard Sri Chalasani Venkat, learned counsel for the

petitioner, learned Government Pleader for Fisheries appearing for

the respondent No.1 and learned Government Pleader for Finance

and Planning, appearing for the respondent No.2.

3. Learned counsel for the petitioner submits that even though

respondents admitted that the petitioner is entitled for payment of

the aforesaid sum of money, no payment is being made and such

non-payment of money is clearly arbitrary and high-handed and

thereby requires interference by this Court.

4. 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 needs to be

cleared by the respondents at the earliest.

5. Learned counsel for the 4th respondent filed counter,

wherein it is stated that the Commissioner of Fisheries, A.P. has

empaneled the petitioner's firm to supply Fish Fingerlings to the

Erstwhile East Godavari District vide proceedings

No.3769/C/2018, dated 24.09.2018 of the Commissioner of

Fisheries, A.P. Accordingly, the 4th respondent has placed the

supply order to the petitioner's firm from time to time for supply of

fingerlings under Schedule Caste, Component, Schedule Tribe

Components and Fisheries Development Schemes 2018-19 and

RKVY Schemes for the year 2015-16. It is further stated that the

4th respondent has uploaded the bills for Rs.17,46,558/- (Rupees

Seventeen Lakhs Forty Six Thousand Five Hundred and Fifty Eight

only) under CFMS, soon after receipt of invoices from the

petitioner. It is further submitted that the 4th respondent initiated

action by uploading the bills for Rs.17,46,558/- in the CFMS, but,

the bills were returned due to lack of budget as per Art 39&50 of

A.P. Financial code Vol.I.

6. Learned Government Pleader submits that due to paucity of

funds, the delay is being caused in making payments against the

units supplied by the petitioner and requested six (06) weeks' time

for payment of the admitted amounts.

7. In view of the aforesaid directions of this Court in various

cases and after hearing both sides, this Court is inclined to

dispose of the Writ Petition with a direction to the respondents to

complete the payment of admitted amount of Rs.17,46,558/- due

to the petitioner within a period of six (06) weeks from the date of

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

petitioner to agitate his claim for interest, if any, payable by the

respondents in an appropriate forum.

8. In view of the same, the Writ Petition is disposed of. No

costs.

As a sequel, miscellaneous applications pending, if any,

shall also stand closed.

__________________________ SMT JUSTICE V. SUJATHA Date: 06.11.2023 Gss