M/S. DISTRIBUTORY COMMITTEE NO. - 1 (DC - 1) vs THE STATE OF ANDHRA PRADESH

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Online)(AP) 19991

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: 26109 OF 2023 Between:
1. M/S. DISTRIBUTORY COMMITTEE NO. - 1 (DC - 1) K.C. Canal, 4-12A, Nandikotkur Road, Allur (Village), Kurnool District, A.P., rep. by its President, K. Venkateswarulu.
...PETITIONER(S)
AND:
1. THE STATE OF ANDHRA PRADESH rep. by the Special Chief Secretary to the Government, Department of Irrigation (Water Resources Department), A.P. Secretariat Buildings, Velagapudi, Amaravati, Guntur District, A.P.
2. The State of Andhra Pradesh, rep. by its Principal Secretary, Department of Finance and Planning, A.P. Secretariat Buildings, Velagapudi, Amaravati, Guntur District, A.P.
3. The Superintending Engineer, Irrigation Circle, Jalamandali, R.S. Road, Kurnool, Kurnool District, A.P.
4. The Executive Engineer, Water Resources Department, K.C. Canal Division, Nandyal, Kurnool District, A.P.
5. The Chief Executive Officer, A.P.C.F.M.S. Office, VI Floor, 'C' Block, Anjaneya Towers, Ibrahimpatnam, Krishna District, A.P.
...RESPONDENTS Counsel for the Petitioner(s): G NARENDRA CHETTY 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.26109 of 2023

ORDER:

1. The present writ petition is filed aggrieved by the action of the respondents in not releasing the Earnest Money Deposit, Withheld Amounts and also GST component, relating to the works executed by the Petitioner.

2. Learned counsel for the petitioner submits that the petitioner had entered into various agreements with the respondents regarding various works in Kurnool District and he completed the works as per the terms of the agreement. Execution of works were entered into measurement books prepared by the respondent authorities without noticing any defects. The amount for execution of works was paid to the petitioner, but the Earnest Money Deposit, Withheld amounts and also GST component, relating to the works executed by the Petitioner were not released even after completion of defect liability period. The petitioner had approached the respondents several times for payment of the Earnest Money Deposit, Withheld Amounts and also GST component. As the respondents have failed to release the said amounts, having no other option, the petitioner preferred this petition for release of Earnest Money Deposit, Withheld Amounts and also GST component.

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 and submissions made by both learned counsels for both parties and also on perusal of the material placed on record, as there is no justification in withholding the Earnest Money Deposit, Withheld Amounts and also GST component, even after completion of defect liability period, this Court deems it appropriate to direct the respondents to release the Earnest Money Deposit, Withheld Amounts and also GST component amounts due to the petitioner within a reasonable period.

6. In the result, this Writ Petition is disposed of, directing the respondents to release the Withheld Earnest Money Deposit, Withheld Amounts and also GST component 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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