Andhra Pradesh High Court - Amravati
M/S.M.S.K. Surya Constmctionsjv., vs The State Of Andhra Pradesh, on 4 November, 2024
APHC010408232024
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3311]
(Special Original Jurisdiction)
MONDAY, THE FOURTH DAY OF NOVEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE MS JUSTICE B S BHANUMATHI
WRIT PETITION NO: 20936/2024
Between:
M/s.M.S.K. Surya Constructions(JV)., ...PETITIONER
AND
The State of Andhra Pradesh and others ...RESPONDENT(S)
Counsel for the Petitioner:
1. Venkat Challa
Counsel for the Respondent(S):
1. GP for Irri and Cad
2. GP for Finance Planning
The Court made the following:
ORDER:
This writ petition is filed seeking the following relief:
"...to issue order or orders, direction or directions, Writ
or Writs particularly one in the nature Writ of Mandamus or
any appropriate writ declaring the action of the
respondents in not refunding the deposited amounts as
deposited at the time of contract, as security to undertake
the works, even completing the observation period
amounting to Rs.26,48,653/-,CFMS No.2024-509190 in
BSB, J
relation to the work: easening slopes to 1.5:1 and providing
cement concrete lining with paver in bed and side slopes of
south feeder channel of Somasila Project in between
Km.11.400 and Km.74.725 and construction of Distributary
System to create irrigation potential of 1912 acres including
investigation,design and estimation to the petitioner with
interest, till the date of refund from the date of completion
of respective observation periods, as illegal, arbitrary
violation of principles of natural justice and violative of
Article 14, 19(i)(g), 21 of the Constitution of India,
consequently direct the respondents to release and repay
the deposited amounts for the above works immediately
with interest of 24%..."
2. It is the contention of the petitioner that even though the respondents
admitted that the petitioner is entitled to the aforesaid amount, no payment
is made. The petitioner contends that such non-payment of money is clearly
arbitrary and high-handed requiring the interference of this Court.
3. On the other hand, learned Government Pleader for Irrigation, while
admitting about the claim of the petitioner, placed on record instructions
received from the Executive Engineer, S.P.Division No-VI, Nellore, vide
Lr.No.EE/SP.DIVN.6/NLR/A2/223M,dated 02.11.2024, and stated as
follows:
"The part V deposit bill was already sent to Assistant pay
and Accounts Officer, Nellore and the bill is also approved vide
bill Id-2024-509190. The bill status is "bill waiting for fund
clearance". As soon as the budget will be released, payment will
be made."
4. In view of the submissions of the learned counsel for the petitioner
and the learned Government Pleader for Irrigation, this Writ Petition is
BSB, J
allowed with a direction to the respondents to release the total amount of
Rs.26,48,653/-(Rupees Twenty Six Lakh Forty Eight Thousand Six Fifty
Three Only)payable to the petitioner along with the interest as per the
entitlement vide the judgment of the Division Bench of this Court in Writ
Appeal No.724 of 2021 and batch of cases dated 12.10.2023, within a
period of two (02) months from the date of receipt of a copy of this order.
5. It is open to the petitioner to agitate the claim for higher rate of
interest, if any, payable by the respondents, before an appropriate forum.
There shall be no order as to costs.
Consequently, miscellaneous petitions, if any, pending in this writ
petition shall stand closed.
___________________ ___
JUSTICE B.S. BHANUMATHI
Date: 04.11.2024
KMS
BSB, J
THE HONOURABLE MS JUSTICE B S BHANUMATHI
WRIT PETITION NO:20936 of 2024
Date: 04.11.2024
KMS
