M Sathish Kumar Reddy vs The State Of Andhra Pradesh
2024 Latest Caselaw 1300 AP

Citation : 2024 Latest Caselaw 1300 AP
Judgement Date : 15 February, 2024

Andhra Pradesh High Court - Amravati

M Sathish Kumar Reddy vs The State Of Andhra Pradesh on 15 February, 2024

                 IN THE HIGH COURT OF ANDHRA PRADESH ::
                                  AMARAVATI                               [ 3329 ]
                         (Special Original Jurisdiction)



               THURSDAY ,THE FIFTEENTH DAY OF FEBRUARY
                  TWO THOUSAND AND TWENTY FOUR

                                   PRESENT

   THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                      WRIT PETITION NO: 2464 OF 2024

Between:

   1. M SATHISH KUMAR REDDY, rep. by its Special Chief Secretary,
      Department of Irrigation (Water Resources Department), Secretariat
      Buildings, Velagapudi, Amaravathi, Guntur District.

                                                              ...PETITIONER(S)
                                      AND

   1. THE STATE OF ANDHRA PRADESH, Rep. by its Special Chief
      Secretary, Department of Irrigation (Water Resources Department),
      Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.
   2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department
      of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi,
      Guntur District.
   3. The Superintendent Engineer, Irrigation Circle, Nellore, SPSR Nellore
      District. The Executive Engineer, W.R.D., M.I.Works Division, Nellore,
      SPSR Nellore District.
   4. The Chief Executive Officer, AP CFMS Office, 6th Floor,- C-Block,
      Anjancya Towers, Ibrahimpatnam, Krishna District.
   5. The Executive Engineer, W.R.D., M.I.Works Division, Nellore, SPSR
      Nellore District.
   6. The Chief Executive Officer, AP CFMS Office, 6th Floor,- C-Block,
      Anjaneya Towers, Ibrahimpatnam, Krishna District.

                                                              ...RESPONDENTS

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be

pleased tomay be pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in not releasing the refund of Withheld Amounts Future Security Deposit and Earnest Money Deposit amounts with a totaling of Rs.55,791/- (WHA/FSD) and Rs.46,029/- (EMD) vide MBook Nos. 28 NCC/18-19, 31 NCC/18-19 and 26 NCC/18-19, even after completion of defect liability period, refund payable to the petitioner in relation to the works vide Agreement Nos.600 DN/NC/2018-19, dated 23.10.2018, 717 DN/NC/2018-19, dated 13.11.2018 and 407 DN/NC/2018-19, dated 24.09.2018 is questioned, as the same is illegal, arbitrary and consequently direct the respondents refund of Withheld Amounts/Future Security Deposit and Earnest Money Deposit amounts with a totaling of Rs.55,791/- (WHA/FSD) and Rs.46,029/- (EMD) vide M Book Nos. 28 NCC/18-19, 31 NCC/18-19 and 26 NCC/18-19 with interest @24percent per annum for the delayed amount to the petitioner in respect of above- mentioned work forthwith and pass such

IA NO: 1 OF 2024

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may please to direct the respondents to release the refund of Withheld Amounts/Future Security Deposit and Earnest Money Deposit amounts with a totaling of Rs.55,791/- (WHA/FSD) and Rs.46,029/- (EMD) vide M Book Nos. 28 NCC/18-19, 31 NCC/18-19 & 26 NCC/18-19, with interest @24% per annum for the delayed amount to the petitioner in respect of works vide Agreement Nos.600 DN/NC/2018-19, dated 23.10.2018, 717 DN/NC/2018-19, dated 13.11.2018 & 407 DN/NC/2018-19, dated 24.09.2018, forthwith, pending disposal of the Writ Petition and pass

Counsel for the Petitioner(s): SRI. BATHALA RAMESH

Counsel for the Respondents: GP FOR IRRI AND CAD (AP)

The Court made the following:

1. This writ petition under Article 226 of Constitution of India is

filed to issue writ of mandamus, declaring the action of respondents

in withheld payments of bill, 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 case of the petitioner that the petitioner has executed

the work under the subject scheme, the respondents having been

satisfied with the execution of works, prepared the bills, but the

amount was not paid, for different reasons.

3. During hearing, learned Government Pleader for Irrigation

would submit that the respondents have admitted the claim of the

petitioner. Soon after the release of the budget by the government, the

payment will be made to the petitioner.

4. In view of the submissions made by the learned Government

Pleader, the respondents are directed to clear the bill amount of

Rs.55,791/-(WHA/FSD) and Rs.46,029/-(EMD) 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.

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

without touching the merits, as to the maintainability of the writ

petition. There shall be no order as to costs.