APHC010233052024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Monday, the Twenty Fourth day of February, 2025 PRESENT The Honourable Ms Justice B.S.Bhanumathi WRIT PETITION NO: 12084/2024 Between: Srihari Constructions ...PETITIONER AND The State of Andhra Pradesh and others ...RESPONDENT(S) Counsel for the Petitioner: 1. BANDI SRIHARI Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD (AP) The Court made the following: 2 W.P.No.12084 of 2024 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 returning the EMD's and FSD's 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.31/2018-19, dated 30-11-2018, Agreement No.33/2018-2019, dated 30.11.2018, Agreement No.34/2018-19, dated 30.11.2018, Agreement No.35/2018-19, dated 30-11-2018 and Agreement No.36/2018-19, dated 30.11.2018 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 GO MS 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 Court in W.A.No.724 of 2021 and consequently 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 and to pass…” 02. 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. 03. On the other hand, the learned Assistant Government Pleader for Irrigation, while admitting about the claim of the petitioner, placed on 3 W.P.No.12084 of 2024 record instructions received from the Executive Engineer, D.C. Division, Ananthapuramu, issued vide Lr.No.EC3/Neeru-chettu/89M dated 22.02.2025. The written instructions are usefully extracted as follows: “...since this is a case of return of withheld deposits, it doesn't fall within the ambit of the judgment in W.A.No.724/2021 dated 12.10.2023 which specifically deals with the delay in payment of final bills. The FSD is payable only after satisfactory completion of the defect liability period and not from the date of preferring the final bill....” 04. As per the written instructions, the total net amount payable to the petitioner is Rs.68,81,193/-, and the EMD & FSD amount is Rs.3,72,439/-. 05. In view of the submissions of the learned counsel for the petitioner and the learned Assistant Government Pleader for Irrigation, this Writ Petition is allowed with a direction to the respondents to release the amount relating to EMD & FSD i.e., Rs.3,72,439/- (three lakh seventy two thousand four hundred thirty nine Rupees only) to the petitioner, within a period of two (02) months from the date of receipt of a copy of this order. However, if the petitioner is entitled to any higher amount, the same shall also be paid as per the entitlement. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ___________________ ___ JUSTICE B.S. BHANUMATHI Date: 24.02.2025 GRL 4 W.P.No.12084 of 2024 HON’BLE Ms. JUSTICE B.S.BHANUMATHI WRIT PETITION NO: 12084/2024 Date: 24.02.2025 GRL