CHENNU VENKATESWRLU REDDY vs THE STATE OF ANDHRA PRADESH

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THE HON'BLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION No.20192 of 2023 Chennu Venkateswarlu Reddy, S/o.Ramana Reddy, Age : 50 years, Bhahmanapalli, Nellore, SPSR Nellore District. ….

Petitioner Versus The State of A.P. rep. by its Principal Secretary, MA and UD Department, Secretariat Buildings Velagapudi, Amaravathi, Guntur District and 4 others. ….Respondents ORDER: Heard the learned counsel for the petitioner, the learned Standing Counsel for the respondent Nos.3 and 4 and the learned Assistant Government Pleader for Finance for the 5th respondent.

2.

This writ petition is filed questioning the action of the respondents in not paying the bill amount of Rs.79,12,027/- to the petitioner even after finalizing the work i.e., Atmakur Municipality-14th Finance basic grant 2019-20 providing CC roads & Drains in various ward No.2, 3, 4, 7, 17, 21, 22, 23 2 in Atmakur Municipality” under Agreement No.66/2020-21 dated 15.02.2021.

3.

The learned counsel for the petitioner submits that in spite of completion of the above said work under the above said Agreement within the limits of the 3rd respondent- Municipality, the above said bill amount has not been paid so far.

4.

On the other hand, the learned Standing Counsel relying upon the counter affidavit of the 3rd respondent submits that, the 3rd respondent-Municipality is ready to make the payment for the bill amount of the petitioner, but due to insufficient of funds under the 14th Finance Grant and due to lack of General Funds the petitioner’s bill could not be paid so far.

The 3rd respondent-Municipality is ready to pay the petitioner’s bill amount when the Government releases the 15th Finance United Grant without any delay.

5.

The learned Assistant Government Pleader relying upon the counter affidavit of the 5th respondent submits that the above said work was granted under the 14th Finance Commission Grants to the petitioner herein and the extension of time for utilisation ilisation of 14th Finance Commission funds was up to 31.03.2023.

3 6.

The 5th respondent requested the 1st respondent to pursue the matter with the Ministry of Housing and Urban Affairs, Government of India to obtain the orders for extension of time limit for utilization of the 14th Finance Grants, as was pursued earlier vide Fin.U.O.No.1707565, dated 13.07.2023.

As and when the 1st respondent issues the necessary instructions with the approval of the Government of India and uploads the bill towards the admitted amount payable to the petitioner, the same would be cleared and paid to the petitioner after due verification.

7.

In the light of the above, it is clear that, the execution of work as per the Agreement No.66/2020-21 dated 15.02.2021 is not in dispute and the bill amount of Rs.79,12,027/- raised by the petitioner is not in dispute.

8.

In view of the above said facts and circumstances, the respondent Nos.1, 3, 4 and 5 are directed to clear the bill amount of the petitioner for a sum of Rs.79,12,027/- upon due verification as expeditiously as possible preferably within a period of three (03) months from the date of receipt of this order.

9.

Accordingly, the writ petition is disposed of.

There shall be no order as to costs.

4 As a sequel, Miscellaneous Petitions pending, if any, shall stand closed. _______________________________ JUSTICE B KRISHNA MOHAN 27.09.2023 PGT