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2025 DAILYLAW 33614 (AP)

B A M S M CONSTRUCTIONS v. AP EDUCATION AND WELFARE INFRASTRUCTURE DEVELOPMENT CORPORATION (APEWIDC)

WP/26417/2024 · 2025-03-25

Subba Reddy Satti

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010507132024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY ,THE TWENTY FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 26417/2024 Between: B A M S M Constructions ...PETITIONER AND Ap Education And Welfare Infrastructure Development Corporation Apewidc and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. KOMMA VIJAYA RAJ KUMAR Counsel for the Respondent(S): 1. 2. GP FOR FINANCE PLANNING The Court made the following order: The above writ petition is filed to declare the action of the respondents in not releasing an amount of Rs.35,92,245/-, in respect of the work done by the petitioner i.e. “providing additional infrastructure facilities to APSWRSC for boys at Jupadu Banglow (V & M) in Kurnool (V) and (M), Kurnool District, despite finalizing the bills, as illegal and arbitrary. 2. Heard Sri K. Vijay Raj Kumar, learned counsel for the petitioner; Sri K. Radha Krishna, learned counsel, representing Sri V.Ch.Naidu, learned SRS,J W.P.No.26417 of 2024 standing counsel for respondents 1 to 4 and learned Assistant Government Pleader for Finance for respondents 6 and 7. 3. Learned counsel for the petitioner submitted that the petitioner company was awarded a contract for the execution of the aforementioned work and the same was entrusted to the petitioner vide Proc.No.54/SE/AEE/APSWRSSC (B)-JUADU-BUNGLOW/EOAT/2022 dated 07.11.2022. The petitioner completed the work in all respects. However, the authorities failed to pay the amount. Hence, the writ petition. 4. When the writ petition was listed on 18.03.2025, Sri Radha Krishna, learned counsel appearing on behalf of respondents 1 to 4, submitted that the amount payable to the petitioner, after statutory deductions, is Rs.31,13,943/- and the bill was upladed in CFMS ID No.2023-1093661, which was moved to 2024-281650, dated 08.08.2023. He also submitted that the bill is awaited for ‘Fund Clearance’. 5. Given the above submission of learned counsel for respondents 1 to 4, this court directed the learned Assistant Government Pleader for Finance to get instructions. 6. The learned Assistant Government Pleader for Finance produced a copy of the instructions furnished by respondent No.6 vide Lr.No.WP/26417/2024 dated 25.03.2025, wherein it was mentioned that the subject bill i.e. CFMS Bill No. 2024-281650 for Rs.32,89,348/- is waiting for ‘fund clearance’. The learned respondent No.6 sought six months to take further necessary action in the matter. 7. Thus, as seen from the instructions of learned counsel for the respondents, there is no dispute regarding the petitioner’s company entering into the subject agreement, completion of work and its entitlement to the aforementioned amount. It is also an undisputed fact that respondents 1 to 4 SRS,J W.P.No.26417 of 2024 uploaded the subject bill in CFMS portal vide CFMS Bill No. 2024-281650, and the same is pending with respondents 6 and 7, for releasing the amount. 8. Given the above facts and circumstances of the case, this writ petition is disposed of at the admission stage, with the consent of learned counsel on either side, directing respondents 6 and 7 to release the amount claimed by the petitioner, as per its entitlement, after statutory deductions, within four months from the receipt of a copy of this order. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 25.03.2025 IKN SRS,J W.P.No.26417 of 2024 193 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 26417 of 2024 Date: 25.03.2025 IKN