BharatTaxGST

N Anjineyulu vs. The State Of Andhra Pradesh

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WP/12015/2024HC Andhra PradeshGSTCNR APHC01023654202427 October 2024Bench: B S BHANUMATHI6 pages
For Petitioner: SRI BANDI SRIHARIFor Respondent: GP FOR IRRIGATION & CAD

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Cause title — parties, addresses and appearances
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI ' (Special Original Jurisdiction) « MONDAY, THE TWENTY EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI^j^ WRIT PETITION NO: 12015 OF 2024 ♦ "Hi; j Between: N. Anjineyulu, S/o. N. Obireddy, Aged about 57 Years, Occ Contractor, R/o.D. 12/112, 12-Wardum, Mirzapuram Village, Kothacheruvu Mandal, Anantapuramu District. ...PETITIONER AND The State of Andhra Pradesh, Rep. by its Principal Secretary (Irrigation Department) Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. The .State of Andhra Pradesh, Rep. by its Principal Secretary ( Finance Department), Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. The Engineer-In-Chief (Irrigation ), Water Resources Department, Vijayawada. Krishna District. The Superintendent Engineer, Water Resources Department, Irrigation Circle, Anantapur, Anantapur District. The Executive Engineer, Water Resources Department, I.B Division, penukonda, Anantapur District. The Chairman, Comprehensive Financial Management System (CFMS) State of Andhra Pradesh, Ibrahimpatnam, Vijayawada. 1. 2. 3. 4. 5. 6. ...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 a Writ, order or direction more particularly one in the r* nature of Writ of Mandamus declaring the action of the Respondents in not returned the EMDs and FSDs 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 Agreement No. 244/2018-19 dated 29-10-2018 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 ad Memo No 1279341/FMU-WR. 1/2020 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 EMDs and FSDs along with interest @ 6% per annum from the date of submitting bill to final payment. 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 Respondents to return the EMD’s and FSD’s along with interest @ 6% per annum from the date of submitting bill to final payment for the Agreement No. 244/2018-19 dated 29-10-2018, pending disposal of the above writ petition. Counsel for the Petitioner: SRI BANDI SRIHARI Counsel for the Respondent Nos.1, 3 to 5: GP FOR IRRIGATION & CAD Counsel for the Respondent Nos.2 & 6: GP FOR FINANCE & PLANNING

The Court made the following: ORDER

1 APHC010236542024 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: 12015/2024 Between; N.Anjineyulu ...Petitioner And The State of Andhra Pradesh and Others ...Respondent(s) Counsel for the Petitioner: I.Bandi Srihari Counsel for the Respondent(s): 1.GP For Finance Planning 2.GPForlRRI and CAD (AP) 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 Ageement No.244/2018-19 dated 29-10-2018 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 1279341/FMU-WR.1/2020 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..” ad Memo No.

2.

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, learned Government Pleader for Irrigation, while admitting about the claim of the petitioner, placed on record instructions received from the Executive Engineer, I.B Division, Penukonda vide Lr.No.502M, dated 21.09.2024. He submitted that bill for an amount of Rs.4,39,700/- paid on 16.09.2022 vide token No.2022-1250939 and the contractor has no GST registration number and they have informed to the contractor for GST registration and that soon after receiving GST number, bill will be processed and prayed to pass appropriate orders. In view of the submissions of the learned counsel for the petitionerand 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 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 the GST registration -^number.

3.4.

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.

5.

Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. B. PRASADA RAO ASSISTANT REGISTRAR / //// ^lei^FFICER SEC To 1. The Principal Secretary (Irrigation Department), State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

2.

The Principal Secretary ( Finance Department), State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

3.

The Engineer-In-Chief (Irrigation ), Water Resources Department, Vijayawada. Krishna District.

4.

The Superintendent Engineer, Water Resources Department, Irrigation Circle, Anantapur, Anantapur District.

5.

The Executive Engineer, Water Resources Department, I.B Division, penukonda, Anantapur District.

6.

The Chairman, Comprehensive Financial Management System (CFMS) State of Andhra Pradesh, Ibrahimpatnam, Vijayawada..

7.

One CC to Sri Bandi Srihari, Advocate [OPUC]

8.

Two CCs to GP for Irrigation and CAD, High Court of A.P. at Amaravati[OUT]

9.

Two CC’s to GP for Finance and Planning, High Court of A.P. at Amaravati[OUT]

10.

Three CD Copies. ssb

t HIGH COURT DATED:28/10/2024 ORDER WP.No.12015of 2024 AND«^ o o ov 2 8 NOV 202^1 m ; o . Current Section ^ ALLOWING THE W.P. WITHOUT COSTS

Reproduced from the public record of the Andhra Pradesh High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.