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2022 Supreme(AP) 1167
ANDHRA PRADESH HIGH COURT AT AMARAVATI
Ravi Nath Tilhari, J.
Sd Amanulla – Appellant
Versus
State of Andhra Pradesh & Ors. – Respondents
Writ Petition No. 21907 of 2022
Decided On : 16-11-2022
Kambhampati Ramesh Babu, Advocate, N Ranga Reddy, Advocate
The main legal point established is the court's power to issue a Writ of Mandamus to compel the performance of a public duty, such as releasing payment for work executed.
Headnote:
Mandamus - Payment Dispute - The court directed the municipality to upload the bills for the work in question within two weeks and the finance department to release the amount payable within eight weeks, with the entire process to be completed in ten weeks. The court granted the petitioner liberty to approach the appropriate forum for claiming interest on delayed payment.
Fact of the Case:
The petitioner filed a writ petition seeking a Writ of Mandamus to declare the action of the respondents in not releasing payment for the work executed by him as illegal and arbitrary.
Finding of the Court:
The court directed the municipality and the finance department to take specific actions within specified time frames to resolve the payment dispute. The court granted the petitioner liberty to approach the appropriate forum for claiming interest on delayed payment.
Issues: Dispute over non-payment for work executed by the petitioner and the legality of withholding the payment by the respondents.
Ratio Decidendi: The court's decision was based on the need for timely payment for work executed under an agreement, and the direction to the municipality and finance department aimed at resolving the payment dispute within a specified timeframe.
Final Decision: The writ petition was disposed of with directions for the municipality and finance department to take specific actions within specified time frames to resolve the payment dispute, and the petitioner was granted liberty to approach the appropriate forum for claiming interest on delayed payment.
JUDGMENT
Ravi Nath Tilhari, J. - Heard Sri Kambhampati Ramesh Babu, learned counsel for the petitioner, learned Government Pleader for Municipal Administration, representing respondent Nos.1 and 6, Smt V. Padmaja, learned Assistant Government Pleader for Finance, representing respondent Nos.2 to 5 and Sri N. Ranga Reddy, learned standing counsel for the respondents 7 and 8.
2. With the consent of the parties counsels, the writ petition is being disposed of finally at this stage.
3. 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 tune of Rs.5,23,108/- of the petitioner for the work executed by him namely laying of CC Roads Construction of CC Drains in 6th and 7th wards in Venkatagiri Municipality under Scheduled Casts Sub Plan 2018-2019 (Package-3) under agreement No. 218/2018-19 as illegal arbitrary malafidy highhanded and contrary to the procedure established by law apart from being voilative of Articles 14 and 19(g) of the Constitution of India consequentially direct the respondents to release the payment of above bill along with interest forthwith in the interest of justice and pass necessary orders.'
4. Learned counsel for the petitioner submits that the petitioner completed the works to the satisfaction of the respondents within the stipulated time under the agreement by engaging the men and machinery. The respondents are not justified in withholding the amount payable to the petitioner. Such action on their part is illegal and arbitrary.
5. Learned counsel for the petitioner further submits that payment under the previous part bill was made to the petitioner under the interim order dated 05.10.2021, passed in the batch of Writ Petitions leading W.P.No.20022 of 2020 in which the petitioner's Writ Petition No.20583 of 2021 was also clubbed. He further submits that the respondents have now prepared the final bill under which an amount ofRs.5,23,108/- for the work executed by the petitioner under the agreement No.218/2018-19 is pending.
5. Smt V. Padmaja, learned Assistant Government Pleader for Finance on the basis of instructions submits that the Finance Department has released the required amount vide G.O.Rt.No.3265 dated 10.06.2022 and G.O.Rt.No.3408 dated 08.07.2022 to clear the pending bill in W.P.No.21907 of 2022 as per the proposal of the MA & UD Department. The Municipal Authority has to resubmit the admitted bills to the financial department for clearance and after receiving the bills the same will be cleared on priority basis and ways and means position of the State finance and the payment shall be made within a period of six months.
6. Sri N. Ranga Reddy, learned standing counsel representing the respondents 7 and 8 submits that the respondent No.7 shall resubmit/upload the bills again in CFMS website within a period of two (02) weeks from today.
7. Once the funds have been released and the bills are uploaded, the 7th respondent has undertaken to upload the bills within a period of two weeks from today, the request for making the payment within six months is unreasonable.
8. Learned counsel for the petitioner submits that the petitioner has also claimed interest on delayed payment but with respect to that prayer, liberty may be granted to the petitioner to approach in appropriate proceedings.
9. The bills for payment of the petitioner are pending since long and such nonpayment is not justified if the petitioner has discharged the work under the agreement, in terms of the agreement.
10. However, considering the submissions advanced by the learned counsels for the parties/and after recording the stand of the respondents as submitted, the writ petition is being disposed of finally with the following directions:-
a) The 7th respondent -
