Tammineni Bhaskar Naidu vs. The State Of Andhra Pradesh

Held

The Court allowed the writ petition. It directed the respondents to release the total amount of Rs. 7,59,943/- to the petitioner within a period of two months from the date of receipt of a copy of the order. The Court acknowledged the submissions of both the petitioner and the learned Government Pleader. The primary issue was the delay in releasing admitted payments. The Court found merit in the petitioner's plea for the release of funds. The Court explicitly stated that it was open to the petitioner to agitate the claim for a higher rate of interest, if any payable by the respondents, before an appropriate forum, indicating that the issue of interest was not decided in this writ petition. No order as to costs was made.

Facts

The petitioner, Tammineni Bhaskar Naidu, filed a writ petition seeking the release of withheld amounts, including Earnest Money Deposit (EMD), withheld amounts, and Goods and Services Tax (GST), totaling Rs. 7,59,943/-. These amounts were related to four separate works, identified by M Book Numbers 2256 M.l, 1826 M.l, 1863 M.l, and 1880 M.l. The petitioner contended that despite the respondents admitting his entitlement to the funds, payment had not been made, which he argued was arbitrary and high-handed. The respondents, represented by the learned Government Pleader for Irrigation, admitted the petitioner's claim and submitted instructions from the Executive Engineer, Kurnool, indicating that payments would be made through CFMS upon receipt of the budget from the government.

Key Issues

1. Whether the action of the respondents in withholding and delaying the release of the petitioner's legitimate dues, including EMD, withheld amounts, and GST, is arbitrary and requires interference by this Court under Article 226 of the Constitution of India? Petitioner's contention: The petitioner argued that the respondents' failure to release the admitted amounts, despite the petitioner being entitled to them, constituted arbitrary and high-handed action, necessitating judicial intervention. The petitioner sought a writ of mandamus to compel the release of the total pending amount of Rs. 7,59,943/-, comprising EMD, withheld amounts, and GST. Respondents' contention: The learned Government Pleader for Irrigation, while admitting the petitioner's claim, submitted that payments would be made to the petitioner through CFMS upon receipt of the budget from the government. The respondents did not dispute the petitioner's entitlement to the amounts claimed.