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Katherapu Venkateswara Reddy v. The State of Andhra Pradesh

Andhra Pradesh HC5 Jul 2022WP/6629/2022

Case brief

AI extract

What is this about?

In this writ petition, the petitioner challenged the respondents' non-payment of a bill for construction work. The court found the delay illegal and arbitrary, observing that undisputed bills must be paid. It disposed of the petition by directing payment of the admitted amount within six weeks.

What did the court decide?

Direction to the respondents to pay the petitioner an admitted bill amount of Rs. 60,52,571/- within six weeks from the date of the order.

Katherapu Venkateswara Reddy Vs The… — Pension and Retirement Benefits | Andhra Pradesh HC (2022)

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IN THE HIGH COURT OF ANDHRA PRADESH:: AMARAVATHI

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HON’BLE SRI JUSTICE NINALA JAYASURYA

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WRIT PETITION No.6629 OF 2022

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Katherapu Venkateswara Reddy … Petitioner

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Versus

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The State of Andhra Pradesh represented by Represented by its Principal Secretary to Government, Finance Department and Others.

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… Respondents

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Counsel for the petitioner : Mr. T.Venu Gopal Counsel for respondent Nos.1 and 8 : Mr. V.Ashok Ram, Govt.Pleader for Finance and Planning Counsel for respondent No.2 : Government Pleader for Social Welfare Counsel for the respondent Nos.3, 5 to 7 : Mr.G.V.S.Kishore Kumar, Standing Counsel for APEWIDC Counsel for respondent No.4 : Government Pleader for Revenue ORDER :

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This Writ Petition is filed to declare the action of the respondents in not releasing the bill amount of Rs.60,52,571/- for the work executed by the petitioner for construction of A.P.S.W.R.S. Complex (Balance work) at Atchampeta Village and Mandal, Guntur District, as illegal, arbitrary, discriminatory, unjust and violative of Articles 14,19,21 and 300-A of the Constitution of India and consequently direct the respondents to pay the approved amounts payable to the petitioner along with interest forthwith.

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Heard learned counsel for the petitioner, learned Assistant Government Pleader for Finance & Planning appearing for the respondent Nos.1 and 8, learned Government Pleader for Social

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Welfare appearing for the 2^nd respondent, Mr.G.V.S.Kishore Kumar, learned Standing Counsel appearing for the respondent Nos.3, 5 to 7. With their consent, the Writ Petition is being disposed of at the admissions stage.

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Learned counsel for the petitioner submits that pursuant to the agreement entered by the 5^th and 6^th respondents with the petitioner on 22.05.2018, he completed the work of construction of A.P.S.W.R.S.(Andhra Pradesh Social Welfare Residential School) Complex (Balance work) at Atchampeta village and mandal, Guntur District, with total cost of Rs.60,52,571/- and submitted bills to the respondents for processing and payment. The bill was submitted for payment in CFMS vide token No.2021-2584802 and the same has been approved at all levels by the respondents. Though the respondents are bound to release the payments in phased manner as per the progress of the work, the same was not done and even after long waiting after execution and thereby causing hardship to the petitioner. Non-payment of the bills having extracted the work from the petitioner is illegal and arbitrary.

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Learned Assistant Government Pleader for Finance & Planning and learned Standing Counsel while reiterating the averments in the counter filed by the respondent Nos.3, 5 to 7 submit that the bills were raised several times through CFMS portal vide Bill ID No. 20212584802 dated 16.02.2022 and waiting for release of funds. As and when the funds availability is ensured by the Director of B.C.Welfare, the bills will be sent to the scrutiny authority (PAO) for making payment in CFMS in favour of the petitioner and only due to non-

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availability of funds, the CFMS is not allowing to send the bill in the CFMS portal.

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At the time of considering the matter, it is fairly submitted by the learned counsel appearing for the respondents that there is no dispute with regard to entitlement of the petitioner to an amount of Rs.60,52,571/- which is due and payable in respect of the works executed by the petitioner.

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Having regard to the facts and circumstances of the case, submissions of the learned counsel and on perusal of the material record, this Court finds that non-payment of bills even after submissions of bills through CFMS IDs is illegal and arbitrary. The Apex Court and this Court in a catena of decisions held that nonpayment of admitted bills is illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and directed payment of undisputed bills. Therefore, this Court, in the interest of justice, deems it appropriate to dispose of the Writ Petition with a direction to the respondents to pay the petitioner admitted bill amount of Rs. 60,52,571/-, within a period of six (06) weeks from today.

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

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Consequently, miscellaneous applications, pending if any,

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shall stand closed.

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_____________________ NINALA JAYASURYA, J

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July 5^th , 2022. BLV

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HON’BLE SRI JUSTICE NINALA JAYASURYA

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WRIT PETITION No.6629 OF 2022

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Dt: 05.07.2022

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BLV

Katherapu Venkateswara Reddy v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Katherapu Venkateswara Reddy 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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