Petitioner challenging non-release of EMD and FSD for executed works under Neeru Chettu scheme. Court found no justification for withholding after defect liability completion and directed immediate release.
Directed respondents to release EMD and FSD of Rs. 1,01,337/- within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF ANDHRA PRADESH :: (Special Original Jurisdiction)
MONDAY, THE TWENTY SECOND DAY OF APRT&?'..
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 6858 OF 2024
Between:
B Venkateswarlu Reddy, S/o. Ramana Reddy, aged 52 years, R/o. Cheekavolu Village, Sydapuram Mandal, SPSR NelloreDistrict.
...PETITIONER
AND
8. The Pay and Accounts Officer, Tirupathi, TirupathiDistrict.
- The Executive Engineer (W.R Department), Nellore, South Division, Gudur, SPSR Nellore District.
...RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing EMD and PSD for the works executed by the petitioner under the scheme Neeru Chettu Providing Execution of Work Closing Breach and Reconstruction of sluice and Surplus weir to Cheekavolu Kondasamudram tank in Sydapuram Mandal of SPSR Nellore District through the Agreement NO.17SE/2016-17 dated 16.08.2016 for an amount of Rs.1,01,337/- and with 18% interest which were paid for the contract works towards Earnest Money deposit and Further Security Deposit amount by the petitioner is illegal, arbitrary and contrary to law and un constitution and violation of Article 14 of authorities release an amount of Rs. 1,01,337/- with 18% Per annum to the petitioner in respect of the execution of aforementioned work forthwith.
lA NO: 1 OF 2024
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent authorities to release an amount of Rs. 1,01,337/- with interest at 18% for the work executed by the petitioner under the scheme Neeru -Chettu Providing Execution of Works Closing Breach and Reconstruction of sluice and Surplus weir to Cheekavolu
Kondasamudram tank in Sydapuram Mandal of SPSR Nellore District through the Agreement No.l7SE/2016-17 dated 16.08.2016 for an amount of Rs.1,01,337/-.
Counsel for the Petitioner(s): M/S. MARELLA RADHA
Counsel for the Respondents 1, 3 & 8 ; GP FOR FINANCEPLANNING
Counsel for the Respondents 2, 4 to 7, 9 & 10 : GPFORIRRIGATION& CAD
The Court made the following; ORDER
V
APHC010130962024 IN THE HIGH COURT OF ANDHRA PRADESH 0^.0 AT AMARAVATI (Special Original Jurisdiction) 0&:^:=S.
[3329]
MONDAY ,THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6858/2024
Between:
B Venkateswarlu Reddy
...PETITIONER
AND
The State Of Andhra Pradesh and Others
...RESPONDENT(S)
Counsel for the Petitioner:
1.MARELLA RADHA
Counsel for the Respondent{S):
1.GP FOR FINANCE PLANNING 2.GP FOR FINANCE PLANNING 3.GPFORIRRIANDCAD (AP)
4.GP FOR IRRI AND CAD (AP)
The Court made the following:
ORDER:
- The present petition is filed aggrieved by the actionoftherespondent(s) in not releasing the EMD & FSD amounts totalling to Rs.1,01,337/-.
Nellore 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 amountforexecutionofwork was paid to the petitioner, but the EMD and FSD amountswerenotreleased even after completion of defect liability period. The petitioner has approached the respondents several times for reimbursement ofthe EMD and FSD amounts. As the respondents have failed to release the EMD and FSD amounts, the petitioner is seeking a direction to the respondent authorities for release of EMD and FSD.
- Learned Government Pleader submitted that the respondents are ready to pay the amounts due to the petitioner.
- Fleard the learned counsel for the petitioner and learnedcounselforthe respondents.
- 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 EMDandFSDamounts,even after completion of defect liability period and completionoftheworkallotted by the respondents, this Court deems it appropriate to direct the respondents to release the EMD and FSD amounts due to the petitioner for the last several months.
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.
- Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.
SDI- K.SRINIVASA RAJU //TRUE COPY// ASSISTANTREGISTRAR
To,
SECTI FFICER
A.P. Secretariat Building, Velagapudi, Amaravathi.
V
- The Executive Engineer (W.R Department), Nellore, South Division, Gudur, SPSR Nellore District.
- One CC to M/S. MARELLA RADHA Advocate [OPUC]
- Two CCs to GP for FINANCE PLANNING, High Court of Andhra Pradesh. [OUT]
- Two CCs to GP for IRRIGATION COMM AREA DEV, High Court of Andhra Pradesh. [OUT]
- Three CD Copies
Madhu
\
HIGH COURT
DATED:22/04/2024
ORDER
WP.No.6858 of 2024
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disposing the wp without costs
1 issue framed by the court
Whether the High Court should direct the respondent authorities to release the withheld Earnest Money Deposit and Further Security Deposit amounts.
B Venkateswarlu Reddy
The State of Andhra Pradesh
Venkateswarlu Nimmagadda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
