Rudhraraju Lokesh vs The State Of Ap
2023 Latest Caselaw 5016 AP

     THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                    WRIT PETITION No.23832 OF 2023
ORDER:-

      The present Writ Petition is filed under Article 226 of the Constitution

of India, seeking the following relief:

             "... to issue a writ, order or direction more particularly one

     in the nature of Writ of Mandamus aggrieved by the action of the

     respondents     in not releasing     the balance bill     amount of

Rs.1,63,28,860/- towards supply of scientific equipment to the

Government Aquaculture labs in the AP pursuant to the e-

procurement Tender issued by the 3rd Respondent as illegal,

arbitrary and violative of principles of natural justice and

consequently direct the respondents to pay the balance amount of

Rs.1,63,28,860/- with interest to the petitioner forthwith and pass

any other order or orders ..."

2. The petitioner herein is the Regional Manager of the M/s. ICON

Biosystems, engaged in the business of digital service, dairy solutions, feed

and forge solutions, laboratories solutions, meat solutions and other allied

services. In pursuant to the 'e' tenders on 01.01.2021 for the supply of

equipment, instruments, glassware chemical and test kits etc., for the

existing and integrated labs, Respondent No.3 has placed order for varied

types of laboratory and scientific equipment and issued purchase orders and

the petitioner has supplied equipment, for which, from out of the total

amount of Rs.1,99,56,450/-, the respondents paid only a sum of

Rs.36,27,590 /- and has to pay balance bill amount of Rs.1,63,28,860/- to

the petitioner/company. But, the respondents did not release the aforesaid

balance bill amount. Even though, the petitioner made number of

representations for release of amount, no action has been taken by them.

Aggrieved by the same, the petitioner filed the present writ petition

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 nonpayment

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. Learned Government Pleader for Fisheries and Animal Husbandry

appearing for Respondent No.3 filed counter-affidavit admitting the bills,

payment of balance bill amount of Rs.1,63,28,860/- to the petitioner firm.

He further stated that transfer of funds is under process, the due amount

will be released on receipt of funds in Single Nodal Agency (SNA) account of

the Principal, SIFT, Kakinada.

5. 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 need to be cleared by the respondents at the earliest.

6. In view of the aforesaid directions of this court in various cases and

after hearing both sides, this writ petition is disposed of with a direction to

the respondents to pay balance bill amount of Rs.1,63,28,860/- to the

petitioner, within a period of eight (8) 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. There shall be no order as to costs.

7. Consequently, Miscellaneous Petitions, if any, pending in the writ

petition shall stand closed.

_____________________________________________ JUSTICE VENKATESWARLU NIMMAGADDA

16th October, 2023 Note: Issue CC by 18.10.2023 B/o.

KNR

HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION No.23832 of 2023

16th October, 2023

Note: Issue CC by 18.10.2023 B/o.

KNR