Andhra Pradesh High Court
WP/24185/2021 of Medapati Nagireddy, Vs The State of Andhra Pradesh, on 31 December 2021
SRI JUSTICE M.VENKATA RAMANA WRIT PETITION No.24185 of 2021 ORDER: Heard Sri Rambabu Koppineedi, learned counsel for the petitioners and learned Government Pleader for Irrigation. 2. Learned Assistant Government Pleader for Finance now represents that he did not receive instructions from
HON’BLE SRI JUSTICE M.VENKATA RAMANA
WRIT PETITION No.24185 of 2021
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ORDER:
Heard Sri Rambabu Koppineedi, learned counsel for the petitioners and learned Government Pleader for Irrigation.
2. Learned Assistant Government Pleader for Finance now represents that he did not receive instructions from the Finance Department as to CFMS status of the bills concerned to this matter.
3. No counter is filed on behalf of the finance department. In view of the order dated 29.12.2021, this order is now being passed.
4. The petitioners executed the contract, namely ‘Modernisation of Godavari Central delta-improvements of Nedunuru channel system, K.Pedapudi channel system and Pasumella channel system including CM&CD works through agreement No.186DC/2018-19 dated 16.02.2019 for an amount of Rs.1,40,44,681/-.
5. It is not in dispute that the petitioners have executed the afore-stated work and they had also presented the bills. It is also not in dispute that these bills were processed and ultimately as seen from the counter-affidavit of the 4[th] respondent, for the bill amount of Rs.1,29,91,330/-, the respondents arrived at Rs.1,22,82,871/- as the net amount payable to the petitioners. The petitioners as such are not disputing this net amount.
6. As seen from the counter-affidavit of the 4[th] respondent, a complaint is made against the petitioners that they executed only 45% of the work till date and did not complete 100%. Nonetheless, having regard to the stand of the respondents, as seen from the counter-affidavit of both the respondents, when they are admitting their liability to pay bill net amount, deficiency in execution of the work cannot make much headway in deciding this matter.
7. Adverting to the above facts and circumstances, Sri Rambabu Koppineedi, learned counsel for the petitioners, requests to pass appropriate orders.
8. The learned Government Pleader for irrigation similarly adverting to these facts requests time for the respondents to pay the bill net amount by six (06) months.
9. Since the bills are pending for nearly two (02) years, which were passed only in May, 2020 that are awaiting clearance from the Government, which should necessarily issue letter of credit for this purpose, if time is granted upto 31.03.2022, it meets the ends of justice.
10. In the above circumstances, this writ petition is disposed of, directing the respondents to pay the subject bills net amount to the petitioner on or before 31.03.2022. In default, it shall carry interest at 9% p.a. till realised by the petitioner. No costs.
As a sequel, pending miscellaneous petitions, if any, stand closed. Interim Orders, if any, stand vacated.
________________________
JUSTICE M.VENKATA RAMANA
Dt: 31.12.2021RR
RR
HON’BLE SRI JUSTICE M.VENKATA RAMANA
WRIT PETITION No.24185 of 2021
Dt:31.12.2021