K Venkatesh vs. The State Of Ap

The Court made the following: ORDER

APHC010232882024 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: 12011/2024 Between: ...Petitioner K.Venkatesh And ...Respondent(s) The State of Andhra Pradesh and Others Counsel for the Petitioner: 1 .Band! 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 the nature of writ of mandamus declaring the action of the respondents in not returned the EMD and F along with GST total and also not paying the interest in respect of works done by the petitioner from the date of submitting bill to final payment payable to the petitioner in relation to the execution of works under the scheme of “Neeru Chetty”

I i.e vide Agreement No.75/2018-19, dated 12-10-2018, Agreement No.50/2018-2019, dated 10-01-2019, Agreement No.49/2018-19, dated 10-01-2019, Agreement No.48/2018- 19, dated 10-01-2019, Agreement No.51/2018-19, dated 10-01-2019, Agreement No.46/2018-19, dated 10-01-2019, Agreement No.44/2018-19, dated 03-01-2019, Agreement No.47/2018-19, dated 10-01-2019, Agreement No.105/2018- 19, dated 15-11-2018 and Agreement No.176/2018-19, dated 07-01-2019 as 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 Honble Court in W.A.No.724 of 2021 and consequently direct the respondents to return the EMD and F along with interest @ 6% per annum from the date of submitting bill to final payment and to pass.. 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.

. \ Remarks CFMS Bill no. EMD Net bill. Gross Bill amount paid for work bill in Rs, Agreement .Name of the Work WP SI. & No. No. No F recov ery amou nt to relea se in Rs. waiting for fund clearance at RBI 2024- 982934 44300 721366/886000 44/2018-19 Formation and removal of cross bunds and closing offtake sluice points during water release period to PABR right canal from Km 81.00 to 95.000 12011 /2024 1 waiting for fund clearance at RBI 2024- 1363989 702870/873000 41616 46/2018-19 Improvements to inspection path in between km 90.00 to 91.200 of PABR right canal Construction of protection wall in between Km 89.855 to Km 89.930 of PABR right canal waiting for fund clearance at RBI 2024- 1363985 46986 47/2018-19 867146/971000 waiting for fund clearance at RBI 2024- 982431 40069 700623/787000 49/2018-19 Improvements outlet at Km 90.950 of PABR right canal waiting for fund clearance at RBI 44778 2024- 1363914 782611/911000 50/2018-19 Improvements to canal between Km 81.000 to 82.000 and Km 86.100 to 87.500 of PABR right canal.

■ W.P. No. 12011 of2024 Improvements to canal from Km 88.500 to 89.500 and Km 90.400 to 91.200 of PABR 51/2018-19 811767/913000 45496 2024- 1363670 waiting for fund clearance at RBI right canal. Construction of 48/2018-19 881648/987000 47675 2024- 980602 waiting for fund clearance at RBI Protection wall in between Km 90.700 Km 90.775 of PABR right canal He further submitted that for the above works, final bills were processed and payments were 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 payments of the work bills duly showing the bills towards purchase of materials. 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 P with GST to the petitioner, along with the interest on the amount payable on work done as per 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. 5. 5 BSfi.J ■ W.P.No.12011 of2024 Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. N. NAGAMMA ASSISTANT REGISTRAR //// ;/ OFFICER To,

% HIGH COURT DATED:28/10/2024 ;^%rANo7^^ ^ 'fy^ 21 NOV 20211 Bi li ^Jj ^ . Current Section ORDER WP.No.12011 of 2024 ALLOWING THE W.P. WITHOUT COSTS