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Judgment
Ravi Nath Tilhari, J
Heard Sri Kambhampati Ramesh Babu, learned counsel for the petitioner, learned Government Pleader for Municipal Administration, representing respondent No.1, Sri V. Ashok Ram, learned Government Pleader for Finance, representing respondent Nos.2 & 3 and Sri N. Ranga Reddy, learned standing counsel for the 4th respondent.
With the consent of the parties counsels, the writ petition is being disposed of finally at this stage.
This writ petition under Article 226 of the Constitution of India has been filed for the following relief:-
“It is therefore prayed that this Hon’ble Court may be pleased to issue a Writ Order or Direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the respondents in not releasing payment for the bill to the petitioner for the work executed by him namely i.e Providing CC drain from old Panchayath Office to Mathamma Tree in Collegemitta in 5th Ward under Agreement No.94/2019-20 dated 17.02.2020 for an amount of Rs.4,24,778/- as illegal arbitrary malafidy highhanded and contrary to the procedure established by law apart from being voilative of Articles 14 and 19 (1) (g) of the Constitution of India and consequentially direct the respondents to release the payment of above bill along with interest forthwith in the interest of justice and pass necessary orders.”
Learned counsel for the petitioner submits that the petitioner completed the work entrusted to him as per the terms and conditions of the agreement with the 4th respondent. He submits that the above amount was sanctioned for public work and cannot be withhold for any reason. The respondents are under obligation to satisfy the bill for the work done by him under the agreement. The respondents are not justified in withholding the amount payable to the petitioner even after completing the work within the stipulated time and to their satisfaction. Hence, the petitioner is entitled for payment of the said bill along with interest from the date of completion of the work.
Sri V. Ashok Ram, learned GP for Finance on the basis of instructions submits that the funds are released and bills are to be prepared and to be uploaded by the Head of Department for the W.P.No.29604 of 2022 and after receiving the bills, these bills will be cleared on priority basis as per ways and means position of the State Finance.
Sri N. Ranga Reddy, learned standing counsel for the 4th respondent submits that the respondent No.4 shall upload the bills afresh in CFMS website within a period of two (02) weeks.
Learned counsel for the petitioner submits that the petitioner has claimed interest from the date of completion of the work till the date of payment as well and with respect to that prayer, liberty may be granted to the petitioner to approach the respondent authorities and if their grievance in that respect is not attended, to approach in appropriate proceedings.
The bills for payment were submitted through the CFMS portal in the year 2020 but are still unpaid to the petitioner, however, considering the submissions advanced by the learned counsels for the partiers, with their consent, the writ petition is being disposed of finally with the following directions:-
a) The 4th respondent – Venkatagiri Municipality, shall upload the bills of the petitioner for the work in question, in CFMS portal within two (02) weeks from today;
b) The 2nd respondent – Principal Secretary, Finance Department, Secretariat, Velagapudi, Guntur District, shall thereafter within a period of eight (8) weeks shall release the payable amount after due verification and scrutiny, to the petitioner, if there is no other legal impediment;
c) The petitioner is granted liberty as prayed with respect to the claim of interest on delayed payment;
d) The petitioner’s claim for grant of interest for delayed payment, if the petitioner approaches the respondents, shall be duly considered by the competent authority/respondents within a month of the petitioner so approaching;
e) The grant of time to the respondents as in (a) & (b) above on their request for payment, would not adversely affect the petitioner’s claim for interest for the period from the date of entitlement for interest, under law, up to the date of actual payment;
The writ petition stands disposed of finally in the aforesaid terms. No order as to costs.
As a sequel thereto, miscellaneous petitions, if any pending, shall also stand closed.