ORDER:

This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:

“to issue a writ, order or direction, particularly one in the nature of Writ of Mandamus declaring the action of the respondents particularly the 3rd and 5th respondents not considering the representation dated 07.12.2022 as illegal, arbitrary while so the respondents in not paying pending bills amount of Rs.09,61,380/- Lakhs in words (Nine Lakhs Sixty One thousand three hundred Eighty Rupees only) payable to the petitioner pursuant to the tender Letter No.3001/JI/2017 dated 06.12.2018 and the request vide reference cited in spite of the petitioner has made a representation/reminders as illegal, arbitrary, violation and contrary to the principles of natural justice and consequently direct the respondents to pay the pending bills amount of Rs.27,07,025/- Lakhs …”

2. The grievance of the petitioner is that pursuant to the tender notice dated 06.12.2018, the petitioner Firm has participated in the tender process and ultimately the 3rd respondent empanelled it for supply of nets and confirmed the same by way of letter of confirmation dated 18.11.2021. The petitioner firm supplied the required material to the fishermen as per the directions of the respondents 3 and 5.

3. On receipt of the material, the respondent authorities made payments to the petitioner firm regularly till April, 2018 and thereafter failed to make payments in terms of the tender agreements to a tune of Rs.9,61,380/- without any reason.

4. The petitioner firm addressed several letters including the representation dated 07.12.2022 to the respondent authorities requesting them to release the outstanding payment. But, the respondent authorities failed to make the payment due to the petitioner firm. Being aggrieved by the inaction of the respondents, the present writ petition is filed.

5. Learned counsel for the petitioner submits that in similar circumstances, this Court passed orders dated 23.10.2019 in W.P.No.16091 of 2019 directing the respondents therein to clear the bill amount within two months from the date of order, failing which the bill amount will carry interest @ 12% per annum, till the actual payment of the amount to the petitioner therein. He further submits that due to non-payment of outstanding amount, the petitioner firm is facing embracing situation before its creditors and other bankers.

6. Learned Government Pleader for Fisheries, while reiterating the averments of the counter, submits that the petitioner firm has supplied the net material as per the terms and conditions of the agreement; an amount of Rs.11,30,350/- to the above firm as 65% of beneficiary contribution and an amount of Rs.6,08,650/- balance subsidy amount of bills, submitted to the treasury portal for the year 2018-19 and said bills were carry forward to the year 2019-2020, but unfortunately these bills are not cleared in treasury for the year 2019-20. Hence, non-clearance of the bills for an amount of Rs.6,08,650/- was again submitted in CFMS Treasury portal belongs to M/s. K.P. Construction Pvt. for the year 2020-2021. The outstanding balance amount of Rs.6,08,650/- bills will be resubmitted after reallocation of the budget to the CFMS portal during the year 2022-23. But due to lack of the funds in Regular Head of Account these bills were not able to sent to Treasury. Hence, these bills are cancelled and the total budget of Rs.6,08,650/- is requested the Government for uploading bills again in this F.Y.2022-23.

7. Learned Assistant Government Pleader for Finance states that the pending bills would be cleared as soon as funds are made available under CFMS portal.

8. 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 the undisputed bill amounts even after release of the funds by the Government is illegal and arbitrary. The Hon’ble Apex Court and this Court in catena of