Andhra Pradesh High Court - Amravati
V Ch Srinivasu vs The State Of Andhra Pradesh, on 18 November, 2024
APHC010489142024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3311]
(Special Original Jurisdiction)
MONDAY, THE EIGHTEENTH DAY OF NOVEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE MS JUSTICE B S BHANUMATHI
WRIT PETITION NO: 25248/2024
Between:
V.Ch.Srinivasu and another ...Petitioner(s)
AND
The State of Andhra Pradesh and others ...Respondent(s)
Counsel for the Petitioner(s):
1. A.Sree Ram
Counsel for the Respondent(s):
1. GP For IRRI and CAD
2. GP For Finance Planning
The Court made the following:
ORDER:
This writ petition is filed seeking the following relief:
"...to issue order or orders, direction or directions, Writ or
Writs particularly one in the nature Writ of Mandamus or
any appropriate writ to declare the action of the
respondents in not paying the bills for execution of 2 works
vide (1) Agreement No.51/2023-24, dt.23.06.2023 and (2)
Agreement No.49/2023-24, dt.20.06.2023 for the total final
amount for 2 works equals to Rs.11,55,460/- with 6%
interest till today from the date of completion of respective
works as illegal, arbitrary violation of principles of natural
justice and violative of Article 14, 19(i) g, 21 of the
Constitution of India, consequently direct the respondents
to release the bills for the above completed works
immediately with 6% interest and to and pass...."
2. It is the contention of the petitioners that even though the respondents
admitted that the petitioners are entitled to the aforesaid amount, no payment
is made. The petitioners contend that such non-payment of money is clearly
arbitrary and high-handed requiring the interference of this Court.
3. On the other hand, learned Government Pleader for Irrigation, while
admitting about the claim of the petitioners, placed on record the written
instructions received from the Executive Engineer, Godavari Western Division,
Nidadavole, 534301, East Godavari District vide Letter
No.EE/GWD/NDD/CB/IC.2/1211M dated 11.11.2024. He submitted that the
works had been completed in stipulated period as per the agreement
conditions, and the check measurements had been done by the concerned
authorities, and that the quality control authorities had issued quality control
certificate. Further, it is submitted that the comprehensive financial
management system (CFMS) was introduced by the government of Andhra
Pradesh with effect from 01.04.2018 for making any kind of payments
throughout the state and in that system, bills would be submitted to the Pay
and Accounts Officer, Works & Projects, if and only if the Letter of Credit
(LOC) is released by the government and so, due to non-release of LOC to
the required extent, the bills are pending in the Division Office. It was further
stated that regular requisitions are being submitted to the higher authorities
and constant pursuance is being made for release of LOC, and that soon after
release of LOC, the bills would be submitted to the Pay and Accounts Officer,
Works & Accounts for arranging payment.
4. In view of the submissions of the learned counsel for the petitioners and
the learned Government Pleader for Irrigation, this Writ Petition is allowed with
a direction to the respondents to release the amount of Rs.11,55,460/-
(Eleven Lakhs Fifty Five Thousand Four Hundred and Sixty Rupees only) to
the petitioners, along with the interest as per the entitlement vide the judgment
of the Division Bench of this Court in Writ Appeal No.724 of 2021 and batch of
cases dated 12.10.2023, within a period of two (02) months from the date of
receipt of a copy of this order. However, if the petitioners are entitled to any
higher amount, the same shall also be paid as per the entitlement.
5. It is open to the petitioners to agitate the claim for higher rate of interest,
if any, payable by the respondents, before an appropriate forum. There shall
be no order as to costs.
Consequently, Miscellaneous Petitions, if any, pending in this Writ
Petition shall stand closed.
___________________ ___
JUSTICE B.S. BHANUMATHI
Date: 18.11.2024
DSV
THE HONOURABLE MS JUSTICE B S BHANUMATHI
WRIT PETITION NO:25248 of 2024
Date: 18.11.2024
DSV
HIGH COURT OF ANDHRA PRADESH
MAIN CASE NO : W.P.No.25248 of 2024
PROCEEDING SHEET
Sl. Date ORDER OFFICE
No. NOTE
1 18.11.2024 BSB, J
The Writ Petition is allowed.
(vide separate order)
_________________
B.S.BHANUMATHI,J
DSV
