E Prakash Babu vs The State Of Andhra Pradesh
2024 Latest Caselaw 1301 AP

Citation : 2024 Latest Caselaw 1301 AP
Judgement Date : 15 February, 2024

Andhra Pradesh High Court - Amravati

E Prakash Babu 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: 2512 OF 2024

Between:

  1. E PRAKASH BABU, (as per Aadhar Card, Uppalapati Prakash Babu),
     S/o. Ediga Venkata Ramana, aged 36 years, R/o. 7-2-40-2, Nehru Nagar,
     Dhone Mandal, Kurnool District, Andhra Pradesh 518 222.

                                                                ...PETITIONER(S)
                                      AND

  1. THE STATE OF ANDHRA PRADESH, Rep. by its Principal Secretary,
     Irrigation and Water Resources Department, Secretariat Buildings,
     Velagapudi, Amaravati, Guntur District.
  2. The District Collector, Kurnool District, Kurnool.
  3. The EngineerinChief, Minor/Major Irrigation Department, Irrigation
     Bhavan, Vijayawada, Krishna District.
  4. The Superintendent of Engineer, Irrigation Circle, Kurnool, Kurnool
     District.
  5. The Executive Engineer, , Water Resources Department, M I Works
     Division, Kurnool District.
  6. The Deputy Executive Engineer, Minor Irrigation Works Sub-Division,
     Dhone, Kurnool District.
  7. The State of Andhra Pradesh, Rep. by Principal Secretary, Finance
     Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District.
  8. The Pay and Accounts Officer, Work Accounts, Kurnool, Kurnool 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 topleased to issue order, writ or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondent Authorities in not releasing the refund of 7.5 percent of Withheld Amount (WHA) of Rs.1,28,445/- and 2.5 percent of Earnest Money Deposit (EMD) amount of Rs.48,000/-, totaling an amount of Rs.1,76,945/- including interest even after completion of defect liability period, refund payable to the petitioner in pursuance of agreements under Neeru-Chettu Programme entered into with the 5th Respondent with Measurement Book Numbers vide 2740 MI and MB 2744, as being illegal, arbitrary, violation of principles of natural justice and unconstitutional and consequently direct the respondents to pay the said Withheld Amount (WHA) and Earnest Money Deposit (EMD) to the petitioner including interest and to pass 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 pleased to direct the respondents to release the 7.5PERCENT of Withheld Amount (WHA) of Rs.1,28,445/- and 2.5PERCENT of Earnest Money Deposit (EMD) amount of Rs.48,000/-, totaling an amount of Rs.1,76,445/- in pursuance of agreements under Neeru-Chettu Programme entered into with the 5th Respondent with Measurement Book Numbers vide 2740 MI and MB 2744 including interest pending disposal of the main writ petition and to pass Counsel for the Petitioner(s): SRI. RAMESH BABU TATAPUDI

Counsel for the Respondents: GP FOR IRRIGATION 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.1,76,445/- 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.