S Gangadri vs. The State Of Ap

The Court cnade the following order:

r APHC010236062024 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: 11848/2024 Between: ...Petitioner S Gangadri And ...Respondent(s) The State of Andhra Pradesh and Others Counsel for the Petitioner: I.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 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 Chettu i.e vide execution , works i.e vide Agreement No.129/2018-19 dated 31-07-2018 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.RT No.266 dated 15-02-2021 and 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’s and F ’s 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. On the other hand, the learned Government Pleader for Irrigation, while admitting about the claim of the petitioner, placed on record the written instructions received from the Executive Engineer, I.B Division, Penukonda vide Letter No.307M, dated 18.06.2024. It is submitted that the bill amount of Rs.6,33,600/- was paid vide token No.2022-1236565 and the status of bill shows that bill paid on 16.09.2022, and that the contractor GST registration number was not working. Soon after working of the GST registration, the bill will be processed 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, a 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. of 2. 3. 4. per

4^^ V 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.

HIGH COURT DATED:28/10/2024 ORDER WP.No.11848 of 2024 ov * 2 I NOV ?0?‘| . Current bection m . / 'V% ALLOWING OF THE WP WITHOUT COSTS