Ch. Chandrasekhar vs The State Of Andhra Pradesh,
2023 Latest Caselaw 5851 AP

Andhra Pradesh High Court - Amravati

Ch. Chandrasekhar vs The State Of Andhra Pradesh, on 6 December, 2023

     THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                  WRIT PETITION No.29946 of 2023

ORDER:

This writ petition under Article 226 of Constitution of India is

filed to issue Writ of Mandamus, declaring the action of respondents

in not paying the withheld amounts and other deposits, payable to

the petitioner in relation to the execution of work under the subject

scheme, as illegal, arbitrary and contrary to the principles of natural

justice.

2. It is the contention of the petitioner that even though the

respondents admitted that the petitioner is entitled for payment of the

withheld amounts along with other deposits, no payment is being made.

The petitioner contends that such non-payment of money is clearly

arbitrary and high-handed requiring the interference of this Court.

3. This Court, in various orders, including the judgment of a learned

Single Judge of this Court dated 05.10.2021 in W.P.No.10038 of 2021

and batch had taken the view that such non-payment of dues is

arbitrary and that such dues need to be cleared by the respondents at

the earliest.

4. During hearing, learned Government Pleader for Irrigation

placed written instructions, wherein, it is stated that due to lack of

LOC, the amount was not paid to the petitioner. Soon after release

of budget, the amounts will be paid to the petitioner.

5. In view of the above submissions, the respondents are directed

to clear the admitted amount payable to the petitioner, along with

the interest @ 6% per annum, in view of the judgment of the Hon'ble

Division Bench of this Court in Writ Appeal No.724 of 2021 and

batch dated 12.10.2023, within a period of six (06) weeks from the

date of receipt of a copy of this order, failing which, the bill amounts

will carry interest @ 12% per annum, till the actual payment of the

amount to the petitioner.

6. It is made clear that, in pursuance of the above direction, after

making payment of the admitted amount (along with interest) to the

petitioner, the amount withheld under Deposits (EMD/FSD etc) shall

also be released to the petitioner without attracting any interest,

since the default defect liability period is already completed as

stipulated in the Agreement.

7. With the above directions, the Writ Petition is disposed of.

There shall be no order as to costs.

Consequently, Miscellaneous Petitions, if any, pending in this

Writ Petition shall stand closed.

_____________________________________ VENKATESWARLU NIMMAGADDA, J 06.12.2023 MJA

THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION No.29946 of 2023

06.12.2023 MJA