Andhra Pradesh High Court - Amravati
M/S. Sri Lotus Constructions, vs The State Of Andhra Pradesh, on 24 June, 2024
THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.5928 of 2024
ORDER:
1. The petitioner had been awarded the contract of various works
under subject scheme in Nellore District. After execution of the said
contract, a final bill was prepared for a sum of Rs.7,05,75,952/- 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
while admitting about the claim of the petitioner filed a counter by the
3rd respondent. He would submit that the work bill has been received
and scrutinized and payable gross amount of the bill is Rs.813.50L to
process the bill in CFMS, the Letter of Credit (LOC) is required to the
respondent No.3 to submit the bill to the Assistant Pay & Accounts
Officer, Works & Accounts, Nellore of Finance Department, which is
to be released by the Government for authorization of payment. Due
to Non release of LOC, the work bill is pending in the Division Office.
Soon after release of LOC from the Government, the bill will be
uploaded into CFMS for generating CFMS ID No. and to be processed
further to the Assistant Pay and Accounts Officer, Works and
Accounts, Nellore of Finance Department for authorization payment.
5. It is humbly submitted that the respondents did not stop
payment of the petitioner and only happened due to not dropping of
pending Audit Para on this work. After dropping of the Audit Para by
the Public Accounts Committee, appropriate action for making the
payments of pending bills i.e., release of Further Security Deposit
(FSD) will be taken.
6. 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.7,05,75,952/- 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) months 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 and due amount, if any,
payable by the respondents, in an appropriate forum. There shall be no
order as to costs.
Consequently, Miscellaneous Petitions, if any, pending in this
Writ Petition shall stand closed.
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VENKATESWARLU NIMMAGADDA, J
24.06.2024
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THE HON' BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
24.06.2024
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