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HIGH COURT OF ANDHRA PRADESH FRIDAY ,THE THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE PRSENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 26185 OF 2023 Between:
1. D.RAMAKRISHNA S/o. Chinna Pullanna, Aged 47 years, Contractor, R/o. D.No.4-1 10, Kotakandukuru Village, Allagadda Mandal, Nandyal District.
...PETITIONER(S)
AND:
1. THE STATE OF ANDHRA PRADESH Rep. by its Principal Secretary, Irrigation Department, Secretariat Buildings, Nelapadu Village, Amaravati, Guntur District.
2. The Chief Engineer, KC Canal, Station Road, Kurnool, Kurnool District.
3. The Superintendent Engineer KC Canal Circle, Kurnool, Kurnool District.
4. The Executive Engineer, KC Canal Division, Nandyal, Kurnool District.
5. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Department, Secretariat Buildings, Nelapadu Village, Amaravati, Guntur District.
6. The Pay and Accounts Officer, Works and Accounts, Tekke, Nandyal, Kurnool District.
...RESPONDENTS Counsel for the Petitioner(s): C PRAKASH REDDY Counsel for the Respondents: GP FOR IRRIGATION COMM AREA DEV The Court made the following: ORDER THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.26185 of 2023
ORDER:
1. The present writ petition is filed aggrieved by the action of the respondents in not releasing the Earnest Money Deposit and Withheld Amounts of Rs.1,96,368/-.
2. Learned counsel for the petitioner submits that the petitioner has entered into various agreements with the respondents under various Agreements for the works in Kurnool District and he completed the work as per the agreements. Execution of work was entered into measurement book prepared by the respondent authorities without noticing any defects. The amount for execution of work was paid to the petitioner, but the Withheld Amount & Earnest Money Deposits was not released even after completion of defect liability period. The petitioner has approached the respondents several times for reimbursement of the Withheld Amount & Earnest Money Deposits. As the respondents have failed to release the Withheld Amount & Earnest Money Deposits, the petitioner is seeking a direction to the respondent authorities for release of Withheld Amount & Earnest Money Deposits.
3. Heard the learned counsel for the petitioner and learned counsel for the respondents.
4. Learned Government Pleader submitted that the respondents are ready to pay the amounts due to the petitioner.
5. Keeping in view facts and circumstances of the case, submissions made by both learned counsel and on perusing the material placed on record, as there is no justification in withholding the Withheld Amount & Earnest Money Deposits, even after completion of defect liability period and completion of the work allotted by the respondents, this Court deems it appropriate to direct the respondents to release the Earnest Money Deposit and Withheld Amounts Deposit amounts due to the petitioner for the last several months.
6. In the result, this Writ Petition is disposed of, directing the respondents to release the Withheld Amount & Earnest Money Deposits of Rs.1,96,368/- to the petitioner within a period of four (04) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.
7. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.
_______________________________ VENKATESWARLU NIMMAGADDA, J
03.11.2023 Knr
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