M/S.Lakshmi Ganapathi Agencies vs. The State Of Andhra Pradesh
Held
The Court held that there was no justification for the respondents to withhold the IT, GST, and EMD amounts from the petitioner, especially after the completion of the work and the defect liability period. The Court noted the submissions made by both parties and perused the material on record. Finding no valid reason for the continued withholding of the funds, the Court deemed it appropriate to direct the respondents to release the due amounts. The operative direction was for the respondents to release the IT, GST, and EMD of Rs. 11,95,077/- to the petitioner within four weeks from the date of receiving a copy of the order. No costs were awarded.
Facts
The petitioner, M/s. Lakshmi Ganapathi Agencies, filed a writ petition challenging the respondents' action of withholding IT, GST, and EMD amounts totaling Rs. 11,95,077/-. The petitioner had entered into an agreement with the respondents for works in Visakhapatnam District and completed them as per the agreement. The work execution was recorded in the measurement book without any defects, and payments were made, but the IT, GST, and EMD were not released even after the defect liability period concluded. The petitioner had repeatedly approached the respondents for reimbursement, leading to the filing of this petition seeking a direction for release of the withheld amounts.
Key Issues
1. Whether the respondents are justified in withholding the IT, GST, and EMD amounts of Rs. 11,95,077/- from the petitioner, despite the completion of the work and the defect liability period. Petitioner's Contention: The petitioner argued that they had completed the work as per the agreement, which was duly recorded in the measurement book without any defects. They further contended that the defect liability period had also expired, yet the IT, GST, and EMD amounts were not released. They sought a direction from the Court for the release of these withheld funds. Respondents' Contention: The learned Government Pleader submitted that the respondents were ready to pay the amounts due to the petitioner.
AI-generated summary — verify with the full judgment below
APHC010587202023
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY ,THE SIXTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 30373/2023 Between: M/s.lakshmi Ganapathi Agencies, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S):
SATEESH KUMAR EERLA SC FOR AP TOURISAM DEVELOPMENT CORPORATION
GP FOR FINANCE PLANNING
GP FOR TOURISM(AP) The Court made the following:
The present writ petition is filed aggrieved by the action of the respondents in not releasing the IT, GST & EMD amount of Rs.11,95,077/-.
Learned counsel for the petitioner submits that the petitioner has entered into agreement with the respondents for the works in Visakhapatnam District and he completed the work as per the agreement. 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 IT, GST & EMD amo
The judgment continues below.
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