Allowed

M/s N. Krishna Reddy and Co, v. The State of Andhra Pradesh

Andhra Pradesh HC19 Mar 2024WP/3915/2024

Case brief

AI extract

What is this about?

This writ petition under Article 226 sought a writ of Mandamus to direct the State to release an admitted bill amount of Rs 20,77,220/- pending due to fund clearance. The Court, relying on respondent instructions admitting the liability, directed payment.

What did the court decide?

Directing the respondents to release the admitted bill amount of Rs 20,77,220/- to the petitioner expeditiously, preferably within four months.

M/s N. Krishna Reddy and Co, Vs The… — Contract and Commercial Disputes | Andhra Pradesh HC (2024)

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APHC010071732024

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IN THE HIGH COURT OF ANDHRA PRADESH

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AT AMARAVATI (Special Original Jurisdiction)

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[3333]

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WEDNESDA Y ,THE TWENTIETH DAY OF MARCH TWO T H OUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SMT JUSTICE V.SUJATHA

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WRIT PETITION NO: 3915/2024

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Between:

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M/s N. Krishna Reddy And Co, ...PETITIONER

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AND

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The State Of Andhra P radesh and Others ...RESPONDENT(S)

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Counsel for the Petitioner:

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1.N BHARATH SI M HA REDDY

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Counsel for the Respondent(S):

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1.G P FOR INFOR M ATION TECHNOLOGY AP

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2.GP FOR FINAN C E PLANNING

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3.GP FOR FINAN C E PLANNING (AP)

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The Court made the following:

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ORDER :

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This Writ Petition is filed under Article 226 of the Constitution of

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India seeking the following relief:

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“to issue an appropriate writ or order or direction more particularly a writ in the nature of a Writ of Mandamus to declare the inaction of the Respondent authorities in releasing the payment of bill due for the preceding 6 Years amounting to Rs 20,77,220/- (Rupees Twenty Lakhs Seventy Seven Thousand Two Hundred and Twenty Only) even after uploading the same in CFMS twice in the year 2020 and 2021 pursuant to the finalization for successful execution and completion of work as per Agreement No.APEITA-IIDT/ITIC/PACK001/ INTERIOR ELECTRICAL/2017-18 dated 04.10.2017 as per se illegal, manifestly arbitrary, unreasonable, capricious and violative of Articles 14, 15, 19 and 21 of the Constitution of India and consequently to direct the Respondent authorities to forthwith release the payment of bills amounting to Rs.20,77,220/- (Rupees Twenty Lakhs Seventy Seven Thousand Two Hundred and Twenty Only) along with interest @12% per annum from the date of payment due to the Petitioner ..“

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Heard learned counsel for the petitioner and learned counsel appearing for the respondents.

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At the time of hearing, learned Government Pleader for Information Technology appearing for the respondents 2 and 4 has produced a copy of instructions of Group Chief Executive Officer,

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Vijayawada vide Lr.No.WP 3915/2024/01 dated 12.03.2024, wherein it

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is stated that –

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“ As per the recommendations of APTS officials and Auditors the final amount of Rs.20,77,220/- (Twenty Lakhs Severnty Seven Thousand Two Hundred and Twenty Only) has processed by APEITA and the bill was uploaded in CFMS in favour of the contractor M/s.Krishna Reddy and Co. by APEITA bearing CFMS bill No.2020-635901 and the bill was waiting for fund clearance and after the completion of financial year 2019-20 the bill was migrated to next financial year 2020-21 by assigning new bill number 2021-204628, in this financial year also the payment was not released to the contractor, after completion of the financial year 202-21 the bill was not resubmitted in the CFMS for payment process as the budget provision allotted to APEITA was minimal from the financial year 2021-22, so the pending bills were not uploaded. Based on the budget availability only few pending bills were uploaded as the amount is Rs.20,77,220/- we are not able to upload.

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IIDT has separated in the financial year 2022-23 from APEITA, after separation took one and half years to settle the accounts between IIDT and APEITA. We are about to process the payment to M/s.Krishna Reddy & Co .”

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The said fact was also admitted by the learned Government Pleader for Finance and Planning.

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In view of the above instructions, since the bill amount claimed by the petitioner is an admitted bill and the same has been uploaded in the CFMS portal and the bill is waiting for fund clearance, this Court feels it appropriate to dispose of the Writ Petition directing the respondents to release admitted bill amount of Rs.20,77,220/-, payable to the petitioner as expeditiously as possible preferably within a period of four (04) months from the date of receipt of a copy of this order.

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With the above direction, this Writ Petition is disposed of. There

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shall be no order as to costs.

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As a sequel, miscellaneous applications pending, if any, shall also stand closed.

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JUSTICE V.SUJATHA

Dated 20.03.2024 Pnr

THE HON’BLE SMT JUSTICE V. SUJATHA

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WRIT PETITION NO: 3915 of 2024

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Date: 20.03.2024

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Pnr

M/s N. Krishna Reddy and Co, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

M/s N. Krishna Reddy and Co, 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

Statutes considered

Parties & counsel

Coram

Case details

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