M/S. Symbiosys Technologies 2D, vs State Of Andhra Pradesh
2023 Latest Caselaw 5687 AP

Andhra Pradesh High Court - Amravati

M/S. Symbiosys Technologies 2D, vs State Of Andhra Pradesh on 29 November, 2023

         HONOURABLE SMT. JUSTICE V.SUJATHA

              WRIT PETITION No.30138 of 2023


ORDER:

The present Writ Petition came to be filed under Article 226

of the Constitution of India seeking the following relief:-

"...to issue any writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of respondents in not releasing the undisputed bills to the petitioner towards employment incentives though the bills entered into Comprehensive Fund Management System is illegal, arbitrary and violation of Article 14 of the Constitution of India and to consequently direct the respondents to release sanctioned bills Rs.1,05,07,598/- to the petitioner forthwith and to pass......."

2. Heard Sri V.V. Satish, learned counsel for the petitioner,

learned Government Pleader for Science and Technology and

learned Government Pleader for Finance and Planning.

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. He

further submits that having approved the bills with CFMS token

numbers, non-payment of bill amount is arbitrary and illegal.

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. Today, when the matter is taken up for hearing, learned

Government Pleader for Finance and Planning has produced a

copy of the instructions of the Deputy Secretary to Government,

Finance Department, dated 29.11.2023, wherein it is stated that

the finance department has received a bill No.2023-238062 for

an amount of Rs.1,05,07,598/- in CFMS portal for payment, but,

the same is kept on hold for fund clearance and thereafter,

requested this Court to grant eight (8) weeks' time for clearance

of the above said bill.

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

cases and after hearing both sides and taking into consideration

the instructions produced by the learned Government Pleader,

this Court is inclined to dispose of the writ petition with a

direction to the respondents to pay the admitted amount of

Rs.1,05,07,598/- due to the petitioner within a period of eight

(08) weeks from the date of receipt of a copy of this order. It

would also be open to the petitioner to agitate her claim for

interest, if any, payable by the respondents in an appropriate

forum.

7. In view of the same, the Writ Petition is disposed of. There

shall be no order as to costs.

As a sequel, miscellaneous applications pending, if any,

shall also stand closed.

_______________________ JUSTICE V.SUJATHA Date : 29.11.2023 GSS

HONOURABLE SMT. JUSTICE V.SUJATHA

WRIT PETITION No.30138 of 2023

Date : 29.11.2023

GSS