C V R Medical Systems vs The State Of Ap
2024 Latest Caselaw 1284 AP

Citation : 2024 Latest Caselaw 1284 AP
Judgement Date : 15 February, 2024

Andhra Pradesh High Court - Amravati

C V R Medical Systems vs The State Of Ap on 15 February, 2024

                  IN THE HIGH COURT OF ANDHRA PRADESH ::
                                   AMARAVATI                               [ 3329 ]
                          (Special Original Jurisdiction)



               THURSDAY ,THE FIFTEENTH DAY OF FEBRUARY
                  TWO THOUSAND AND TWENTY FOUR

                                   PRESENT

   THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                     WRIT PETITION NO: 30947 OF 2023

Between:

   1. C V R MEDICAL SYSTEMS, Rep.by its Proprietor, Ch.Sai Kiran,
      S/o.Peda Venkateswarlu, aged about 30 years, Plot No.GF Si, Ground
      Floor, Sri Sai Surya Towers, Besides Sai Baba Temple road,
      Prasadampadu, Vijayawada, Krishna District.

                                                               ...PETITIONER(S)
                                      AND

   1. THE STATE OF AP, Rep.by its Principal Secretary Department of Medical
      and Health, Secretariat, Velagapudi, Amaravathi, Guntur District.
   2. The State of Andhra Pradesh, Rep.by its Principal Secretary Finance
      Department, Secretariat, Velagapudi, Amaravathi, Guntur District.
   3. The District Medical AND Health Officer, Government of Andhra Pradesh,
      N.T.R. District (erstwhile Krishna District), Vijayawada.
   4. The Superintendent, Government General Hospital, Vijayawada,
      N.T.R.District.
   5. The Government Dental College AND Hospital, Vijayawada, N.T.R.District

                                                              ...RESPONDENTS

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the Respondents in non-payment of admitted amounts of Bills under CFMS Id's (1) 2023-182381 Rs.42,58,782-00, (2) 2023-182380 Rs.8,07,340-00 and (3) 2023-182423 Rs.6,36,608-00 payable to the Petitioner towards supply of Lab

equipments/surgicals and drugs during Covid-2019 as per the specifications of the Respondents of total bill amount of Rs.57,02,730-00 which were uploaded in Comprehensive Financial Management System (CFMS), Government of A.P under the control of the above named 2nd Respondent as arbitrary, illegal, capricious and voilative of principle of fair play and violative of fundamental rights guaranteed under Articles 14, 19 and 21 of the Constitution of India and consequently direct the Respondents to release the admitted amounts forthwith and to pass

IA NO: 1 OF 2023

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the Respondents to pay the admitted amounts of Bills of a sum of Rs. 57,02,730-00 which were uploaded in CFMS Id's (1) 2023-182381 -- Rs.42,58,782-00, (2) 2023-182380 -- Rs.8,07,340-00 and (3) 2023- 182423 -- Rs.6,36,608-00 to the Petitioner forthwith, pending disposal of the above writ petition and pass

Counsel for the Petitioner(s):SRI. SAI GANGADHAR CHAMARTY

Counsel for the Respondents: GP FOR MED HEALTH AND FAMILY WELFARE

The Court made the following:

1. The petitioner had been awarded the contract of various

works under the subject in Krishna District. After execution of

the said contract(s), a final bill was prepared for a sum of

Rs.57,02,730/- as per the sanctioned orders. As the payment of

the said amount has not been made by the respondents, the

petitioner has approached this Court by way of this writ petition.

2. It is the contention of the petitioner that even though the

respondents admitted that the petitioner is entitled for payment

of the aforesaid sum of money, no payment is being made. The

petitioner contends that such non-payment of money is clearly

arbitrary and high-handed requiring the interference of this

Court.

3. 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.

4. On the other hand, learned Government Pleader for

Irrigation would submits that the respondents have admitted the

claim of the petitioner and soon after the release of budget by

the Government, the amount will be paid to the petitioner.

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

cases and after hearing the submissions of learned counsel for

the petitioner, learned Government Pleader for Irrigation this

Writ Petition is disposed of with a direction to the respondents to

release the amount of Rs.57,02,730/- to the petitioner, along

with the interest @ 6% per annum, in view of the judgment of

the Hon'ble Division Bench of this Court in Writ Appeal No.724 of

2021 and batch dated 12.10.2023, 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 higher rate

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

forum.