INTEGRATED ENGINEERING vs THE STATE OF AP

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THE HON’BLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION No.6191 of 2023 Dated 30.01.2024 Between:- M/s.

Integrated Engineering., Rep. by its Partner Chinna Yeddula Gangi Reddy ….

Petitioner And The State of Andhra Pradesh, Represented by its Principal Secretary, Rural Water Supply and Sanitation Department, & 6 others ….

Respondents Counsel for the Petitioner : Mr.

Shaik Mohammed Ismail Counsel for the Respondents : G.P. for Irrigation G.P. for Finance & Planning Mr.

G.

Venkata Reddy, Standing Counsel for Gram Panchayat ORDER: Heard learned counsel for the petitioner.

Also heard learned Assistant Government Pleader for Irrigation and learned Assistant Government Pleader for Finance & Planning appearing for the respective respondents.

With their consent, the Writ Petition is disposed of, at the stage of admission.

2.

The present Writ Petition is filed to declare the action of the respondents in not making payment of the total amount of Rs.77,96,115/- for the subject matter works as per agreements dated 08.09.2020 and 13.08.2021 as illegal, arbitrary etc., and for a 2 consequential direction to the respondents to pay the said amount to the petitioner along with 24 % interest p.a.

3.

The learned counsel for the petitioner submits that the petitioner completed the works-in-question to the satisfaction of the respondent authorities in all respects.

He submits that despite the same, bills to which the petitioner is lawfully entitled were not released resulting in serious prejudice and irreparable loss and hence the present Writ Petition is filed.

4.

At the time of considering the matter, the learned Assistant Government Pleader for Irrigation placed a copy of the written instructions dated 24.01.2024 received from the 6th respondent for perusal of this Court, wherein it is mentioned as follows:- “1) Bill uploaded in CFMS vide T.No.

2022-939594.

At the end of F.Y i.e., 31.03. e., 31.03.2023 Bills returned by the Treasury to the DDO as per Art.39 & 50 of APFC Vol.I.

2) Bill uploaded in CFMS vide T.No.2022-940576.

At the end of F.Y i.e., 31.03.2023 Bills returned by the Treasury to the DDO as per Art.

39 & 50 of APFC Vol.I.” 5.

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

3 6.

Accordingly, the Writ Petition is disposed of, with a direction to the respondents to arrange to make payment of the amount, which is due and payable to the petitioner, in respect of the works executed, after effecting statutory deductions, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this order.

It is needless to mention that the petitioner may raise its claim with regard to the interest component before appropriate Forum, if it desires.

There shall be no order as to costs.

As a sequel, all pending applications shall stand closed. __________________________ JUSTICE NINALA JAYASURYA Date: 30.01.2024 GVK 4 95 THE HON’BLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION No.6191 of 2023 Date: 30.01.2024 GVK