Allowed

D. Suresh, v. The State of Andhra Pradesh

Andhra Pradesh HC21 Jun 2022WP/14126/2022

Case brief

AI extract

What is this about?

In this writ petition, the court held that non-payment of undisputed approved bills by government respondents is illegal and arbitrary. The court directed respondents to clear the pending bill amount of Rs.8,01,618/- within eight weeks from the date of receipt of the order.

What did the court decide?

Direction to clear pending bill amount of Rs.8,01,618/- within eight weeks from receipt of order.

D. Suresh, Vs The State of Andhra… — Public Procurement and Tenders | Andhra Pradesh HC (2022)

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THE HON’BLE SRI JUSTICE M.GANGA RAO

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Writ Petition No. 14126 of 2022

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ORDER:

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This writ petition is filed to issue a Writ of Mandamus declaring the action of the respondents in not releasing the bill amount of Rs.8,01,618/- for three works executed by the petitioner under Agreement Nos.54/2018-19, 55/2018-19 and 56/2018-19 dated 19.02.2019 namely Maintenance and Repairs of BC Residential school for Boys in the premises of old Building of Govt. Viswodaya Degree College at Venkatagiri Village & Mandal, Nellore District, as illegal and arbitrary.

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The grievance of the petitioner is that he was entrusted with three works of Maintenance and Repairs to BC Residential school for Boys in the premises of Old Building of Govt. Viswodaya Degree College (for Toilets 20 Nos., Doors and Windows and Electrification respectively) at Venkatagiri (V&M), Nellore District vide Agreement Nos.54/2018-19, 55/2018-19 and 56/2018-19 dated 19.02.2019 with an estimated value of Rs.4,11,416/-, Rs.2,90,258/and Rs.2,43,117/- respectively. Accordingly, he completed the said works in accordance with the terms and conditions of the agreements and the same was recorded in the measurement books with the 6^th respondent. The 5^th respondent passed lump sum contract final bills for an amount of Rs.3,13,455/-, Rs.3,00,255/- and Rs.2,49,290/-

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on 25.04.2019. The said bills were uploaded in CFMS portal vide Bill No.2021-888202 for Rs.8,01,618/- and the same was approved on 14.07.2021. However, the bill was moved to next financial year vide Bill No.2022-204169. But, the amount is not released till date though the respondents are bound to pay the bill amount immediately after its approval. Assailing the arbitrary action of not paying the bills by the respondents, the present writ petition is filed.

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Learned counsel for the petitioner submits that having admitted the bill under CFMS portal, non-payment of admitted bills is illegal and arbitrary. He further submits that there is a statutory obligation on the part of the respondents to pass the bills and make entire payment immediately after completion of the work. But so far, the petitioner was not paid the bill amount.

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Sri G.V.S.Kishore Kumar, learned Standing Counsel appearing for the respondents 4 to 6 and the learned Assistant Government Pleader for Finance and Planning appearing for the respondents 2 and 7 fairly state that the issue involved in this writ petition with regard to the payment of bills is covered by the orders of this Court and hence they have no objection to dispose of the writ petition.

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Having regard to the facts and circumstances of the case, submissions of the learned counsel and on perusal of the record, this Court found that non-payment of bill amount

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even after release of the funds by the Government is illegal and arbitrary. It is settled principle of law that the undisputed bills should be paid without any delay. Therefore, this Court, in the interest of justice, felt it appropriate to dispose of the writ petition directing the respondents to clear the pending bill submitted through CFMS portal vide Token No.2022-204169 for Rs.8,01,618/-, within a period of eight (8) weeks from the date of receipt of a copy of this order and communicate the same to the petitioner.

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Accordingly, the Writ Petition is disposed of. No order as to costs.

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Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.

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JUSTICE M.GANGA RAO

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21-06-2022 anr

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THE HON’BLE SRI JUSTICE M.GANGA RAO

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Writ Petition No. 14126 of 2022

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21-06-2022

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anr

D. Suresh, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

D. Suresh, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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