Allowed

Chiranjeevi Reddy Institute of Engineering and Technology, v. The State of Andhra Pradesh

Andhra Pradesh HC8 Nov 2021WP/23799/2020

Case brief

AI extract

What is this about?

Writ petition challenging inaction in paying Rs. 91 lakhs for training facilities. Court found Rs. 4.73 lakhs remained undisputed after admitting partial payments. Petitioner petition granted to pay balance in eight weeks.

What did the court decide?

Directed respondents to pay balance of Rs. 4,73,155/- within eight weeks of order receipt.

Chiranjeevi Reddy Institute of… — Contract and Commercial Disputes | Andhra Pradesh HC (2021)

¶1

THE HON'BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No. 23799 OF 2020

¶2

ORDER:

¶3

In the present Writ Petition, challenge is to the inaction on the part of the respondents in paying a sum of Rs.91,33,800/- to the petitioner for the facilities provided by the petitioner institution to the respondents for imparting training to the Ward Secretaries in all the Municipalities and Municipal Corporations of Rayalaseema Region.

¶4

According to the petitioner, it is an Engineering College, having both Under Graduate and Post Graduate courses, including M.Tech and M.B.A. The Government of Andhra Pradesh introduced Ward Secretariat System on Mahatma Gandhi Jayanti in the year 2019, with the aim of taking the Government schemes to every doorstep through the Ward Secretaries, and in order to make the system effective and functional, the State Government appointed Ward Secretaries for each ward and after appointing the Ward Secretaries, the State Government conducted training programmes at different places to impart training to the newly appointed Ward Secretaries and one such training camp was held in the premises of the petitioner’s college. The respondents herein conducted functional training of Admins and education in the campus of the petitioner college to the Ward Secretaries and the camp was held in different spells and the respondents agreed to pay Rs. 300/- per day for each Ward Secretary for providing

¶5

¶6

necessary facilities including boarding and lodging and the Ward Secretaries underwent training programme during the period from 04.11.2019 to 07.03.2020.

¶7

It is absolutely not in controversy that the petitioner institution provided all the facilities to the Ward Secretaries who attended the training programme during the said period and the training period, as mentioned supra, came to an end on 07.03.2020. The grievance of the petitioner, in the above background, is that despite availing the facilities/services provided by the petitioner college, the respondent authorities did not pay the amount which would come to Rs. 91,33,800/-.

¶8

After receipt of notices, a counter affidavit has been filed by the 3^rd respondent – Commissioner, Municipal Corporation. Paragraphs 4 to 6 of the said counter affidavit read as under:

¶9

“4. It is humbly submitted that the training programme for Ward Secretaries conducted from 04.11.2019 to 07.03.2020 duly availing the boarding, lodging and class room facilities in the above institution. Accordingly, the petitioner has provided the above facilities and furnished the bills amounting to Rs. 91,33,800/- for payment as detailed below:

¶10

Sl.No	Training Scheduled Duration	Amount Defined in Petition	Actual Submitted Claiming by institute
1	04/11/2019 to 09/11/2019	1031700	1031700
2	18/11/2019 to 23/11/2019	536400	536400
3	25/11/2019 to 30/11/2019	486000	486000

¶11

¶12

4	18/12/2019 to 23/12/2019	705600	352800
5	30/12/2019 to 11/01/2020	1552200	1540200
6	27/01/2020 to 08/02/2020	1505400	1505400
7	10/02/2020 to 22/02/2020	1686600	1686600
8	24/02/2020 to 07/03/2020	1629900	1629900
	Total	9133800	8769000

¶13

5. It is humbly submitted that plea of the petitioner that respondents did not pay the amount with regard to boarding and lodging facilities is not true as the petitioner was paid an amount of Rs. 9,08,125 (Nine Lakhs eight thousand and one hundred twenty five only) and for payment of Rs.11,52,862 (Eleven Lakhs Fifty two thousand eight hundred and sixty two only) sl.no.2 to 4 of the above is passed already as per the norms duly examining the attendance of the Ward Secretaries and made uploaded in the portal and ready for payment in CFMS (Comprehensive Finance Management System).

¶14

6. It is humbly submitted that the plea of the petitioner that the respondents no mood to pay the amounts is utterly false as the management paid the amounts as stated above from the funds released by the Government. With regard to pending payments the management has requested for funds release vide this office Letter Rc.No.3993/2019-C1 in the month of March2020 and Lr.Rc.No.3993/2019-C1 in the month of August-2020 and ready to pay the pending bills to the petitioner soon after the receipt of the funds from the Government duly following the norms.”

¶15

It is very much clear from a reading of the above paragraphs that so far, the respondents herein paid a sum of Rs. 82,95,845/- out of the admitted amounts as shown in the above table. It is also clear that still, an amount Rs. 4,73,155/-

¶16

¶17

is due to the petitioner herein from the respondents. It is also stated in the counter affidavit that the balance of amount would be paid after receipt of funds from the Government duly following the norms.

¶18

Since, there is absolutely no dispute with regard to the balance amount due to the petitioner institution i.e. Rs. 4,73,155/-, and as the respondents herein have already paid substantial amount out of the amount due to the petitioner, this Court deems it appropriate to dispose of the Writ Petition, with a direction to the respondents to arrange to pay the balance of Rs. 4,73,155/- within a period of eight (8) weeks from the date of receipt of a copy of this order.

¶19

No order as to costs of the Writ Petition.

¶20

Miscellaneous petitions, if any, pending in this Writ

¶21

Petition, shall stand closed.

¶22

_____________ A.V.SESHA SAI, J

¶23

08.11.2021 Vns/DRK

¶24

¶25

THE HON'BLE SRI JUSTICE A.V.SESHA SAI

¶26

WRIT PETITION No. 23799 OF 2020

¶27

08.11.2021

¶28

Vns/DRK

Chiranjeevi Reddy Institute of Engineering and Technology, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Chiranjeevi Reddy Institute of Engineering and Technology, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

B.Chenamma Vs The State of Andhra Pradesh

S.Nagarajaiah Vs The State of Andhra Pradesh

Kolla Venkata Naga Prasad. Vs State of Andhra Pradesh.

M/s. Stonecart Vs The State of Andhra Pradesh

Tiyyali Shekar Kumar Vs The State of Andhra Pradesh

Chilakamarthy Hema Nagini Vs The State of Andhra Pradesh