THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION Nos.15346 and 15388 of 2010 COMMON ORDER: The petitioners are contractors. They were awarded contracts of constructions/repairs to bits of Hanamakonda- Narsampet-Mahaboobabad road and Jangiligonda to Narasihulapeta road. The execution of work is said to have been completed. The final bills of the petitioners are awaiting payment. The petitioners contend that the respondents are discriminating in payment of bills to various contractors. It is urged that the works that have been completed either simultaneously with the petitioners or at subsequent dates are being released while denying payment of any amount at all to the petitioners. The petitioners filed list of works for which the bills are released. Respondent No.1 filed a counter-affidavit. It is stated that the works under 12th Finance Commission were awarded to various contractors and the bills are being paid depending on the availability of amounts and completion of the works. The petitioners made the Principal Secretary, RIAD Department, by name, as respondent No.2. He filed a counter- affidavit. This Court is of the view that the petitioners ought not to have impleaded the Secretary as a party by name. Heard the learned counsel for the petitioners and the learned Government Pleader for General Administration for respondent No.1. It is not in dispute that the petitioners were awarded contracts and that their bills were passed. However, in the context of payment of bills, respondent No.1 has to take into account the availability of funds. Though it would have been better for respondent No.1 to distribute the available funds, on pro rata basis to the contractors, who have completed the works, it appears that full payment was made for certain works, in anticipation of release of the funds for other works also, within short time. In fact, subsequent to the filing of W.P.No.15388 of 2010, the bills for one of the works executed by the petitioner therein were released. It is stated that within a short time, bills for the other works also would be released. In view of this development, W.P.No.15388 of 2010 is dismissed as infructuous. W.P.No.15346 of 2010 is disposed of directing respondent No.1 to release the bills in favour of the petitioner therein, within three (3) months from today. There shall be no order as to costs. _____________________ L.NARASIMHA REDDY,J Dt: 23.03.2011. kdl