Gollapalli Appa Rao vs. The State Of Andhra Pradesh

Facts

The petitioner, Gollapalli Appa Rao, filed a writ petition seeking a Mandamus to direct the respondents, various departments of the Government of Andhra Pradesh including the Agriculture and Marketing Department and the Finance Department, to release an admitted bill amount of Rs. 24,69,131/-. This amount is payable for work executed by the petitioner pursuant to Agreement No.08/2023-24, dated 30.05.2023, specifically for the 2nd and part Bill No.RBZ-2026-3871562/-, along with applicable GST and other admissible charges. The petitioner contended that the withholding of this admitted amount was illegal and arbitrary. The respondents, through the Assistant Government Pleader for Agriculture, submitted that the bill was initially uploaded on the NIDHI Portal and was pending with the Finance Department for payment release.

Held

The Court disposed of the Writ Petition. The primary issue was the delay in releasing the admitted bill amount. The petitioner sought a direction for payment, and the respondents indicated the bill was pending with the Finance Department due to budgetary constraints. The Court acknowledged the submissions and directed the respondent-authorities to clear the pending bills payable to the petitioner as expeditiously as possible, preferably within a period of six weeks from the date of the order. This direction was based on the understanding that the delay was due to the need for budget allocation and that steps had been initiated for the same. The Court found no reason to further adjudicate on the legality or arbitrariness beyond directing a time-bound release of the admitted dues. No costs were awarded.

Key Issues

1. Whether the action of the respondents in withholding and not releasing the admitted bill amount payable to the petitioner for work executed under Agreement No.08/2023-24, including applicable GST and other admissible charges, is illegal, arbitrary, and violative of Articles 14, 19, and 21 of the Constitution of India? Petitioner's Contention: The petitioner argued that the respondents' failure to release the admitted bill amount was illegal, arbitrary, and unreasonable, violating fundamental rights guaranteed under the Constitution. The petitioner sought a direction for the immediate release of the admitted amount along with GST and other charges. Respondents' Contention: The respondents, through the Assistant Government Pleader for Agriculture, stated that the bill was uploaded on the NIDHI Portal and was pending with the Finance Department for payment release, indicating a procedural delay rather than a dispute over the admitted amount.