Ch Chandrasekhar vs. The State Of Ap
Held
The Court held that there was no justification for withholding the Withheld and Earnest Money Deposits even after the completion of the defect liability period and the work allotted by the respondents. The Court considered the facts, submissions made by both counsel, and the material placed on record, including the written instructions from the Executive Engineer. The Court found that the respondents had admitted the amount payable and indicated an intention to pay upon budget availability. Therefore, the Court deemed it appropriate to direct the respondents to release the Withheld and Earnest Money Deposits due to the petitioner. The Court ordered the respondents to release the deposits (Withheld + Earnest Money Deposit + Future Security Deposit) amounts to the petitioner within four weeks of receiving a copy of the order. No order as to costs was made.
Facts
The petitioner, Nimmagadda Chandrasekhar, filed a writ petition challenging the respondents' action of withholding deposits, including Earnest Money Deposit (EMD) and Future Security Deposit (FSD), related to an agreement for O and M works for removal of weed growth. The petitioner claimed to have completed the work as per agreement No. 85/2022-23 dated 12.08.2022, and that measurement books showed no defects. Despite completion of the defect liability period, the deposits were not released. The petitioner had approached the respondents multiple times for reimbursement. The respondents, through written instructions from the Executive Engineer, Drainage Division, Gudivada, admitted the amount payable and stated that payments would be made soon after receipt of budget from the government.
Key Issues
1. Whether the respondents' action of withholding the petitioner's deposits (Withheld, Earnest Money Deposit, and Future Security Deposit) is illegal and contrary to the principles of natural justice, particularly in light of the completed work and the absence of any defects noted during execution or after the defect liability period? Petitioner's contention: The petitioner argued that the withholding of deposits is illegal and violates principles of natural justice and constitutional rights. The work was completed as per the agreement, and no defects were recorded. The deposits should be released after the defect liability period. The petitioner sought a direction for the release of withheld amounts, GST amounts, and EMD/FSD. Revenue/State's contention: The learned Government Pleader for Irrigation admitted the petitioner's claim and placed on record written instructions from the Executive Engineer, Drainage Division, Gudivada. These instructions confirmed that the amount was payable and would be released soon after budget allocation from the government.
Sections Cited
Article 226, Article 19(1)(g), Article 21
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF ANDHRA PRADESH ■ (Special Original Jurisdiction) :: AMARAVATI nineteenth day of DECEMBER I TWO THOUSAND AND TWENTY THREE ' ¥ O 'a: O la- I lA- cr rS'. PRESENT the honourable SRI JUSTICE VENKATESWARLU WRIT PETITION NO: 29Q2fi DF NIMMAGADDA Between ; 1- CH Chandrasekhar, S/o Koteswara Par. c-r NTrSc^* ColonT . ^ years, R/ o. 74-12-8, Krishna Residency Vijayawada, ...PETITIONER AND 2. The State Of Andnra Pradesh Department Government Amaravati, Guntur District.
The Commissioner, CADA Vijayawada
The Executive Engineer, Drainage Division and nf Finance and Planning of Andhra Pradesh, Secretariat VelagapuSf NTR District Gudivada, Krishna District. ...RESPONDENTS Petition under Article 226 of the circumstances stated in the affidavit filed therewitfT Earnest Money Deposit ^EMD) amon^^^ ^ executed by the pehtioner i e 0 and M ^'^^1 bills for the ....... 0.00 to 7.700 in LaLabanda Matr Dra^^^^ 85/2022-23 Dated 12.08 2022 as illeoal arh> under agreement No. principles of natural justice contrarv S 19(g) of the Constitution onndia anS ^4, 21 and the withheld amounts, GST amounts Furthar^q ^ direct the respondents to pay and Earnest Money Deposit (EMD) amount h\ depo
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