MARASU PEDDA VENKATA RAMANAIAH vs The State of Andhra Pradesh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Online)(AP) 19986

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: 6549 OF 2023 Between:
1. MARASU PEDDA VENKATA RAMANAIAH S/o M.P.Venkat a Seshanna, Aged about 48 years, R/o H.No.2-444-B2, Balaji Complex, Nandyal Mandal, Kurnool District.
...PETITIONER(S)
AND:
1. The State of Andhra Pradesh rep.by Principal Secretary, Irrigation and Water Resources Department, Secretariat, Velagapudi, Amaravathi, Guntur District.
2. The District Collector Kurnool District, Kurnool.
3. The Engineer-in-Chief 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 Depart merit, K.C.Canal Division, Nandyal, Kurnool District.
6. The State of Andhra Pradesh rep.by Principal Secretary, Finance Department, Secretariat, Velagapudi, Amaravathi, Guntur District.
...RESPONDENTS Counsel for the Petitioner(s): P DURGA PRASAD Counsel for the Respondents: GP FOR IRRI AND CAD (AP)
The Court made the following: ORDER THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.6459 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 Security Deposit amounts of Rs.2,59,649/- & Rs.7,78,921/-.

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 Security Deposit & Earnest Money Deposit Amounts was not released even after completion of defect liability period. The petitioner has approached the respondents several times for reimbursement of the Security Deposit Amount & Earnest Money Deposit Amounts. As the respondents have failed to release the Security Deposit & Earnest Money Deposit Amounts, the petitioner is seeking a direction to the respondent authorities for release of Security Deposit & Earnest Money Deposit Amounts.

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 Security Deposit & Earnest Money Deposit Amounts, 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 & Security 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 Earnest Money Deposit & Security Deposit Amounts of Rs.2,59,649/- & Rs.7,78,921/- 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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