J.Venkateswara Reddy vs The State Of Andhra Pradesh
2022 Latest Caselaw 8611 AP

       THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

                  WRIT PETITION No.32493 of 2022

JUDGMENT:-

1.     Heard Sri Bathala Ramesh, learned counsel for the

petitioner,     learned      Government          Pleader      for     Municipal

Administration, representing respondent Nos.1, 3 & 4, Sri V.

Ashok Ram, learned Government Pleader for Finance,

representing respondent No.2 and Sri G. Naresh Kumar,

learned counsel representing the respondents 5 and 6.

2. With the consent of the parties counsels, the writ petition

is being disposed of finally at this stage.

3. This writ petition under Article 226 of the Constitution of

India has been filed for the following relief:-

"It is therefore prayed that this Hon'ble Court may be pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the refund of Earnest Money Deposit EMD and Future Security Deposit FSD amounts as Rs.35,257/- EMD Rs.85, 523/- (FSD Recovery) vide Agreement No.115/2017-18 and Rs.31, 808/- (EMD), Rs.80,062/- (FSD) vide Agreement No.119/2017-18 even after completion of defect liability period refund payable to the petitioner in relation to the work i.e "1 Providing CC Road at Hunuman Nagar 10th line from Gunji Seshaish House to Nellore Srinu House in 25th ward in Vinukonda Municipality under SCSP vide Agreement No.115/2017-18 dated 03.07.2017 and 2 Providing CC at Mutlagunta Main Road in 11th Ward in Vinukonda Municipality Under SCSP vide Agreement No.119/2017-18 dated 03.07.2017

is questioned as the same is illegal arbitrary and consequently direct the respondents to release the refund of Earnest Money Deposit EMD and Future Security Deposit FSD amounts as Rs.35,257/- EMD Rs.85,523/- FSD Recovery vide Agreement No.115/2017-18 and Rs.31,808/- EMD Rs.80,062/- FSD vide Agreement No. 119/2017-18 with interest 24 percent per annum for the delayed amount to the petitioner in respect of abovementioned work forthwith and pass necessary orders."

4. Learned counsel for the petitioner submits that the

petitioner completed the works to the satisfaction of the

respondents and within the stipulated time as per the terms

and conditions of the agreement. The respondents having been

satisfied with the execution of works, prepared the bills in

respect of the above said works. It is not open for the

respondents to withhold the EMD & FSD refundable amounts.

The respondents are not justified in withholding the amounts

payable to him. Hence, the petitioner is entitled for payment of

the said bill along with interest @ 24% per annum from the date

of execution of the above said work.

5. Sri V. Ashok Ram, learned GP for Finance on the basis of

instructions submits that the Finance Department has released

the required amount vide G.O.Rt.No.3265 dated 10.06.2022 and

G.O.Rt.No.3408 dated 08.07.2022 to clear the pending bill in

W.P.No.32493 of 2022 as per the proposal of the MA & UD

Department.

6. Sri G. Naresh Kumar, learned counsel representing the

respondents 5 and 6 submits that the respondent No.5 shall

upload the bills afresh in CFMS website within a period of two

(02) weeks.

7. Learned counsel for the petitioner submits that the

petitioner has claimed interest from the date of completion of

the work till the date of payment as well and with respect to

that prayer, liberty may be granted to the petitioner to approach

the respondent authorities and if their grievance in that respect

is not attended, to approach in appropriate proceedings.

8. The bills for payment were submitted through the CFMS

portal in the year 2018 but are still unpaid to the petitioner,

however, considering the submissions advanced by the learned

counsels for the partiers, with their consent, the writ petition is

being disposed of finally with the following directions:-

a) The 5th respondent - Vinukonda Municipality, shall

upload the bills of the petitioner for the work in question,

in CFMS portal within two (02) weeks from today;

b) The 2nd respondent - Principal Secretary, Finance

Department, Secretariat, Velagapudi, Guntur District,

shall thereafter within a period of eight (8) weeks shall

release the payable amount after due verification and

scrutiny, to the petitioner, if there is no other legal

impediment;

c) The petitioner is granted liberty as prayed with respect to

the claim of interest on delayed payment;

d) The petitioner's claim for grant of interest for delayed

payment, if the petitioner approaches the respondents,

shall be duly considered by the competent

authority/respondents within a month of the petitioner so

approaching;

e) The grant of time to the respondents as in (a) & (b) above

on their request for payment, would not adversely affect

the petitioner's claim for interest for the period from the

date of entitlement for interest, under law, up to the date

of actual payment;

9. The writ petition stands disposed of finally in the

aforesaid terms. No order as to costs.

As a sequel thereto, miscellaneous petitions, if any pending,

shall also stand closed.

__________________________ RAVI NATH TILHARI,J Date:08.11.2022 Gk

THE HON'BLE SRI JUSTICE RAVI NATH TILHARI

WRIT PETITION No.32493 of 2022

Date:08.11.2022 Gk.