D Anjaneyulu vs The State Of Ap
2024 Latest Caselaw 322 AP

Andhra Pradesh High Court - Amravati

D Anjaneyulu vs The State Of Ap on 8 January, 2024

     THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

                  WRIT PETITION No.21708 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 to

release the other deposits and final bill amounts, payable to the

petitioners in relation to the execution of works 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 other deposits and final bill amounts, no payment is being made.

The petitioners contend 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. On the other hand, learned Government Pleader for Irrigation

filed written instructions dated 08.01.2024, wherein, it is stated that

requisition of BRO is under process. After release of BRO, the bill

amount will be paid to the petitioners.

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 EMD amount along with other deposits 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 08.01.2024 KPV/MJA THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

WRIT PETITION No.21708 of 2023

08.01.2024 KPV/MJA