ORDER:

The present Writ Petition is filed to declare the action of the respondents in not paying admitted bills an amount of Rs.6,72,830/- to the petitioner towards the work executed under the agreement No.9/2019-2020 dated 29.08.2019 as illegal, arbitrary, etc., and for consequential to respondents to pay the above said amount.

2. Heard learned Counsel for the petitioner. Also heard learned Assistant Government Pleader for Irrigation & CAD and the learned Assistant Government Pleader for Finance & Planning representing the respondents. With their consent, the Writ Petition is being disposed of, at the admission stage.

3. Learned counsel for the petitioner states that the petitioner completed the above mentioned work to the satisfaction of the respondent authorities. The learned counsel further submits that the bill in respect of the same has not been paid so far and in view of the delay on the part of the respondents in releasing the amount, the petitioner is facing financial crisis. Under the said circumstances, the present Writ Petition is filed.

4. Learned Assistant Government Pleader for Irrigation & CAD placed a copy of the written instructions dated 04.10.2023 received from the 3rd respondent for perusal of this Court, wherein it is inter alia mentioned as follows:-

“In this connection I submit that the funds allotted were lapsed as on 31-03-2022 due to technical problems in CFMS and the funds are not released again thereafter. The bills could not be uploaded to CFMS unless the funds are released to the P.D. Account. The Bills are pending with Executive Engineer, PRI Division, Dharmavaram as the payment is to be arranged through the P.D. Account. This office has submitted the particulars of the above Court cases and requirement of funds in Proforma C-2 vide this office Letter No.EC-1/E-32/575M, Dated: 17-07-2023. The payment to the bills will be arranged as soon the funds are released to the P.D. Account.’’.

5. Therefore, in view of the undisputed position with regard to the execution of the work by the petitioner and non-payment of bill in respect of the same, this Court, being of the opinion that the action of the respondents in not paying the bill amount to the petitioner is unjust, not tenable, however, is inclined to grant some time to the respondents to make the payment.

6. Accordingly, the Writ Petition is disposed of, with a direction to the respondents to arrange to pay the amount, which is due and payable to the petitioner, in respect of the work-in-question, after effecting the statutory deductions, as expeditiously as possible, at any rate, within a period of six weeks, from the date of receipt of a copy of this Order.

There shall be no order as to costs. As a sequel, all pending applications shall stand closed.

___________________________ JUSTICE NINALA JAYASURYA Date: 04.10.2023 GVK/ IS THE HON’BLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION No.12711 of 2023 Date: 04.10.2023 GVK/ IS