Mvr Constrcutions vs. The State Of Andhra Pradesh

The Court made the following: ORDER &CAD

APHC010233032024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Juri iction) [3311] MONDAY, THE TWENTY EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 12008/2024 Between; ...Petitioner MVR Constructions And ...Respondent{s) The State of Andhra Pradesh and Others Counsel for the Petitioner: 1 .Bandi Srihari Counsel for the Respondent(S): 1.GP For Finance Planning 2.GP For Irrigation Comm. Area Dev The Court made the following: ORDER: This writ petition is filed seeking the following relief: ...to issue a writ, order or direction more particularly one in of writ of mandamus declaring the action of the the nature respondents in not returned the EMD and F along with GST totai and also not paying the Interest in respect of works the date of submitting bill to done by the petitioner from W.P. No. 12008 of 2024 final payment payable to the petitioner in relation to the execution of works under the scheme of “Neeru Chettu” i.e vide Agreement No.26/2018-19, dated 03-11-2018, Agreement No.225 SEA/2017-2018, dated Agreement No.145 SEA/2017-18, dated Agreement illegal, arbitrary, violation of principles of natural justice, violation of Articles 14, 19(1)(g) and 21 of the Constitution of India and also violation of G.O.R.T No.266 dated 15-02-2021 ad Memo No.1279341/FMU-WR.I/2020 dated 18-02-2021 and violation of Orders passed by this Hon’ble Court in W.A No. 724 of 2021 and consequently direct the respondents to return the EMD and F along with interest @ 6% annum from the date of submitting bill to final payment and to pass.. 06-01-2018, 12-10-2017, No. 154 SEA/2017-18, dated 12-10-2017 as per It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled to the aforesaid amount, no payment is made. The petitioner contends that such non-payment of money is clearly arbitrary and high-handed requiring the interference of this Court.

T ■V W.P.No.12008 of 2024 Remarks CFMS Bill no. Net bill. Gross Bill amount paid for work bill in Rs. EMD& Name of the Work Agreement WP No. SI.No. F No. recovery amount to release in Rs. waiting for fund clearance at RBI 2024- 1357528 80125 1512475/1713000 26/2018- Construction of Protection walls and laying bed lining at Km.90.600 on PABR Right Canal 12008/2024 1 19 He further submitted that above work final bill was processed and payment was done and also submits that regarding the amount of GST claimed by the contractor, the department has allowed and reimbursed @ 12% on the gross value of the bill and deducted 2% towards SGST 1% & CGST 1% and as such it is the prime responsibility of the contractor to file the returns after the payment of the work bill duly showing the bill towards purchase of materials and prayed to pass appropriate orders. In view of the submissions of the learned counsel for the petitioner and the learned Government Pleader for Irrigation, this Writ Petition is allowed with a direction to the respondents to return the EMD and F with GST to the petitioner, along with the interest on the amount payable on work done as the entitlement vide the judgment of the Division Bench of this Court in Writ Appeal No.724 of 2021 and batch of cases dated 12.10.2023, within a period of two (02) months from the date of receipt of a copy of this order. It is open to the petitioner to agitate the claim for higher rate of interest, if any, payable by the respondents, before an appropriate forum. There shall be no order as to costs. 4. per 5. * W.P.No.12008 of2024 Consequently, Miscellaneous Petitions, if Petition shall stand closed. any, pending in this Writ N. NAGAMMA assistant registrar / //// OFFICER SE' To 1. The Principal Secretary (Irrigation Department), State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

HIGH COURT ^ • DATED:28/10/2024 ■ i . * '