M/S. RAVITEJ PROJECTS vs THE STATE OF ANDHRA PRADESH

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI THE HON'BLE SRI JUSTICE B KRISHNA MOHAN MONDAY, 28TH DAY OF AUGUST, TWO THOUSAND AND TWENTY THREE WRIT PETITION No.18941 of 2023 Between: M/S Ravitej Projects, Rep. by its Managing Partner, Jasti Padmaja, W/o.

Jasti Srinivas, Age: 50 years, Occ: Contractor, D.No.6/3/1102, Flat No.

A 207, Hidden Treasure Apartments, Green lands, Somaji Guda, Hyderabad, Telangana State. ….Petitioner And The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Municipal Administration, Secretariat Buildings, Velagapudi, Amaravathi and 6 others. ….Respondents ORDER: Heard the learned counsel for the petitioner, the learned Standing Counsel for the respondent Nos.3 to 6 and the learned Assistant Government Pleader for Finance for the respondent No.7.

2.

This Writ Petition is filed questioning the non-payment of Rs.1,35,34,066/- (vide CFMS No.2023-391979) by the 2 respondent Nos.3 to 7, inspite of execution of the work under the agreement No.29/2020-21, dated 17.07.2020.

3.

The learned counsel for the petitioner submits that the petitioner executed the work i.e., “Development of walking tracks, pathways, food courts, Plazas, children play equipment, butterfly garden and greenery etc., in Ambedkar Park at Krishna Lanka (2.20 acres) (14th Finance Commission Performance Grant for 2017-18)” vide agreement No.29/2020-21, dated 17.07.2020.

4.

The learned Standing Counsel appearing for the respondent Nos.3 to 6 submits that the 2nd & final bill of gross amount of Rs.1,52,27,083/- and cash of Rs.

1,35,34,066/- was authorised by the respondent No.3 and the same was submitted to Pay and Account Officer, Vijayawada for approval and release of payment vide CFMS ID No.2022-2658503, dated 25.03.2023.

But, the said bill was not approved.

5.

Further, the respondent No.3 re-submitted the bill for want of release of payment in CFMS portal and sent it to the 3 Pay and Account Officer, Vijayawada vide new CFMS ID No.

2023-391979, dated 25. dated 25.04.2023.

The Pay and Account Officer, Vijayawada returned the bill for want of further extension orders for release of payment to 14th Finance Commission bills by the Government duly quoting the remarks as “As per the U.O Note No.

FINO1- COOPOMISC/12/2022 – CASPS - FC (1707565) dated 08.06.2022.

The Finance Commission grants are valid 31.03.2023.

After receipt of the extension orders from the Government the bills will be processed for payment.

6.

The learned Assistant Government Pleader for Finance for the respondent No.7 submits that the Bill Id No.

2023-391979 for Rs.1,52,27,083/- is under process with the respondent Nos.3 to 6 and soon after the bill is received and the same will be cleared by the respondent No.7.

7.

In view of the above said facts and circumstances, the respondent Nos.3 to 7 are directed to pay a sum of Rs.1,35,34,066/- to the petitioner as expeditiously as possible, within a period of three (03) months from the date of receipt of this order by complying with all the formalities.

4 8.

Accordingly, the Writ Petition is disposed of.

No costs.

As a sequel, Miscellaneous Petitions pending, if any, shall stand closed.

Interim orders, if any, stands vacated. _______________________________ JUSTICE B KRISHNA MOHAN 28.08.2023 PNS