A Suresh Kumar vs. The State Of Andhra Pradesh
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Order Issued After Hearing
Purpose:
Admission (Municipal Admn.)
Before:
Hon'ble D Ramesh
Listed On:
23 Sept 2021
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Order Text
HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
MAIN CASE No:
W.P.Nos.20022, 16998, 19615, 19788, 20119, 20121, 20477, $20492,\ 20583,\ 20584,\ 20665,\ 20666,\ 20679,\ 20695,\ 20818,$ 20854, 20868, 21000, 21003, 21004, 21039, 21043, 21047, 21076, 21092, 21181, 21196, 21197, 21206, 21234, 21235, 21249, 21257, 21265, 21268, 21276, 21280, 21281, 21291, 21292, 21328, 21342, 21359, 21479, 21549, 21595, 21605, 21626, 21658, 21667, 21775, 21803, 21845, 21850, 21882, 21904, 21905, 21934, 21954, 21960, 22090, 22132, 22168, 22328 of 2021 and 17609 of 2020.
PROCEEDING SHEET
| S1.<br>No. | DATE | ORDER | OFFICE<br>NOTE. |
|---|---|---|---|
| 1. | 05.10.2021 | $\overline{DR, J}$ | |
| In all these batch of writ petitions, in | |||
| implementation of various Central and State | |||
| the respondents/concerned<br>schemes, | |||
| Municipalities have issued notifications inviting | |||
| tenders for various works. | |||
| Accordingly, the writ petitioners have | |||
| participated in the said tenders, entered into | |||
| agreements with concerned Municipalities, on | |||
| different dates and they have completed the | |||
| works as per the terms of their agreement. | |||
| Subsequently, concerned Municipal Authorities | |||
| have inspected the works and prepared the final | |||
| bills, the same were uploaded in the CFMS | |||
| After some time, said bills were<br>portal. | |||
| cancelled without assigning any reasons. The | |||
| concerned Municipal authorities have tried to | |||
| upload once again the final bills, however, said | |||
| portal was blocked. | |||
| Despite repeated representations made by | |||
| petitioners, concerned<br>the<br>writ<br>Municipal | |||
| authorities expressed their inability to process | |||
| the bills. Hence, all these present writ petitions. | |||
| Contd | |||
When the matters came up initially in the month of 1st week of July 2021, at request of Government Pleaders for Finance and for Municipal Administration, the matters were adjourned.
Subsequently in the 2nd week of July, learned Government Pleaders for Finance and for Municipal Administration produced memo dated 16.07.2021, directing all the Commissioners to take necessary action, for payment of pending bills for completed works from the available general funds.
Considering the said memo, this court granted further time to the Municipalities for payment of settlement of bills.
On instructions, standing counsel appearing for concerned Municipalities, submitted that no general funds are available in the Municipalities and they are not able to get the revenue to meet the Municipal expenditure. Hence, submitted their inability to pay the bills.
Subsequently, the Government Pleaders for Finance and for Municipal Administration, on instructions, requested three (03) weeks further time, for submitting compliance report by paying the dues/pending bills to the petitioners. At their request, all these matters were posted today.
Today, when the matters were taken up, learned Government Pleaders for Municipal Administration and for Finance, placed the G.O.Rt.No.4096 dated 03.09.2021 releasing Rupees 100 crore of additional funds/special funds in relaxation of treasury control, for payment of pending bills for the works
completed, taken up under SCSP during the years 2018-19 and 2019-20. On a query raised by the Court, learned Government Pleaders requested further time to process the bills, in view of the G.O.Rt.No.40963, dated 03.09.2021. It is also submitted by the Government Pleaders that the authorities would consider and pay the bills, after uploading the same in CFMS portal. However, this court did not consider the request made by the Government Pleaders. Therefore, respondents 1 to 4, without taking up the technical objections, are directed to pay the bills, which are pending since a long time to all these writ petitioners and to submit compliance report on or before 22nd November, 2021. Failing which, respondents 1 to 4 shall appear in person and explain the reasons. Post on 02.11.2021. __________ DR, J Pnr