ORDER:

The short grievance of the petitioner is that, despite finalizing the bill, the respondent authorities are not paying the admitted due amount of Rs.48,84,502/- for the work executed for 8th respondent-Mangalagiri-Tadepalli Municipal Corporation viz., ‘MTMC-providing internal flooring with non-skid tiles and granite in swimming pool area of Mangalagiri-Tadepalli Municipal Corporation’ under agreement bearing No.401/2023-24 dated 31.10.2023.

2. When the matter is taken up for consideration today, Sri M.Manohar Reddy, learned standing counsel for Mangalagiri-Tadepalli Municipal Corporation, while placing the written instructions of the Commissioner, dated 22.04.2024 on record, submitted that the respondent authorities have admitted the bill of the petitioner, but due to lack of General funds, the Corporation is unable to make payments to the petitioner and the Corporation is ready to make payments immediately after the availability of General Funds and sought three months time for payment of the said amount.

3. To the said submission, Sri Sasanka Bhuvanagiri, learned counsel for the petitioner, requested to record the said written instructions and prayed to pass appropriate orders in that regard.

4. On perusal of the written instructions of the Commissioner, Mangalagiri- Tadepalli Municipal Corporation dated 22.04.2024 would indicate that due to lack of general funds, the Corporation is unable to make payments and is ready to make payments to the petitioner immediately after the availability of General funds.

5. In view of the facts and circumstances of the case and taking the submission of learned counsel for the parties into consideration, as the authorities intend to pay the admitted due amount to the petitioner, there is no purpose in keeping this Writ Petition pending inviting counter. As such, this Court is inclined to dispose of the same, with the consent of both the parties, at the admission stage itself, by passing the following order:

“The respondent authorities are directed to release an amount of Rs.48,84,502/- (Rupees Forty Eight Lakhs Eighty Four Thousand Five Hundred and Two only) to the petitioner within a period of three(3) months from the date of receipt of a copy of this order. It would be open to the petitioner to agitate its claim for interest, if any, payable by the respondents, if it is so advised, in an appropriate forum.”

6. Accordingly, the Writ petition is disposed of. There shall be no order as to costs.

As a sequel thereto, interlocutory applications pending, if any in the Writ Petition, shall also stand closed.

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JUSTICE RAVI CHEEMALAPATI

22.04.2024 MP

221 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO.6904 OF 2024

22.04.2024 MP