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2025 DAILYLAW 32749 (AP)

KESANAKURTI VENKATESWARA RAO v. THE STATE OF AP

WP/24833/2025 · 2025-09-14

Harinath N

body2025

Judgment text

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APHC010485532025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY, THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 24833/2025 Between: Kesanakurti Venkateswara Rao ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. SODUM ANVESHA Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. GP FOR REVENUE 3. GP FOR FINANCE PLANNING The Court made the following: -2- W.P.No.24833 of 2025 Date of order:15.09.2025 THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.24833 OF 2025 ORDER: 1. This writ petition has been filed aggrieved by the inaction on the part of the 2nd respondent in finalizing the bills, though the petitioner has completed the work and submitted the final bills. 2. Heard the submissions of the learned counsel for the petitioner, the learned standing counsel for the Municipal Corporation and the learned Government Pleader for Finance & Planning. 3. The learned counsel for the petitioner submits that the petitioner executed the work entrusted by the 2nd respondent in all respects in the year 2018 and the defect liability period is also over. It is submitted that the petitioner had filed W.P.Nos.18052 of 2024, 18562 of 2024, 17333 of 2024, 17293 of 2024, and 18684 of 2024. These writ petitions are pending consideration for the release of the final bill. In the meantime, the GST department has addressed a letter to the petitioner's banker and got credited the GST amount due, payable by the petitioner, for the work executed. 4. The learned counsel further submits that it is the responsibility of the 2nd respondent-corporation to finalize the bills and also realize payments payable to the GST department. On account of their failure and inordinate delay in finalizing the bills and payment of the tax to the GST -3- W.P.No.24833 of 2025 Date of order:15.09.2025 department, the petitioner is now facing hardship and the banker has issued an order freezing the bank account of the petitioner. 5. Be that as it may, insofar as the present writ petition is concerned, the petitioner seeks a direction to the respondents to consider the representation dated 30.08.2025 to finalize and release the GST amounts along with a penalty to the tune of Rs.18,83,380/- and also refund the Earnest Money Deposit (EMD) and Fixed Security Deposit (FSD). It is not in dispute that the petitioner has completed the work. However, the payments are yet to be released. 6. Considering the submissions, there shall be a direction to respondents 2 and 5 to verify the representation dated 30.08.2025 and release the GST amount and also EMD and FSD amounts within a period of four weeks from the date of receipt of a copy of this order. 7. Accordingly, the writ petition is disposed of. No costs. 8. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. ____________________ JUSTICE HARINATH.N BV