V.Kesava Reddy vs The State Of Andhra Pradesh
2023 Latest Caselaw 6195 AP

Andhra Pradesh High Court - Amravati

V.Kesava Reddy vs The State Of Andhra Pradesh on 27 December, 2023

     HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                  WRIT PETITION No.31111 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 releasing the EMD + FSD deposits and final bill amounts,

payable to the petitioners 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 petitioners that even though the

respondents admitted that the petitioners are entitled for payment of

the EMD + FSD deposits and final bill amounts, no payments are

being made. The petitioners contended 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 the written instructions issued by the Executive Engineer,

Kadapa, dated 19.12.2023, wherein, it is stated that requisition for

BRO is under process. Soon after release of the BRO by the

Government, bill will be cleared.

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

to clear the admitted amount payable to the petitioners, 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) shall

also be released to the petitioners 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 27.12.2023 SCH/BSK

HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION No.31111 of 2023

27.12.2023 SCH/BSK