APHC010548432024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Monday, the Tenth day of February, 2025 Present The Honourable Ms Justice B.S. Bhanumathi Writ Petition No: 28713/2024 Between: D Ayyapu Reddy ...Petitioner and The State of Andhra Pradesh and others ...Respondent(S) Counsel for the Petitioner: 1. V Nitesh Counsel for the Respondent(S): 1. GP for Irri and CAD The Court made the following: 2 W.P. No.28713 of 2024 Order: This writ petition is filed seeking the following relief: “…may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring action of the respondents in not releasing the Earnest Money Deposits @ 2.5% and withheld amounts @ 7.5% for the contractual works undertaken by the petitioner under Neeru Chettu Scheme in lieu of the Agreement No’s.1. 312/2018-19, dated 18-04- 2018 for the work of “Jungle clearance and de-silting of galeru vagu at Bheemavaram D/S @ km 2.250 to km 2.350 near Bheemavaram (v) Nandyal (M), Kurnool (D)”, 2. 307/2018-19, dated 18-04-2018 for the work of “Jungle clearance and de-silting of galeru vagu at Bheemavaram D/S @ km 1.600 to km 1.750 near Bheemavaram (v) Nandyal (M), Kurnool (D)”, 3. 309/2018-19, dated 18-04-2018 for the work of “Jungle clearance and de-silting of galeru vagu at Bheemavaram D/S @ km 1.900 to km 2.050 near Bheemavaram (v), Nandyal (m), Kurnool (D)”, 4. 630/2018-19, dated 18-04-2018 for the work of “Jungle clearance and de-silting of large mounds from Koratamaddi (v) D/S from km 0.000 to 0.200 of L/s kundu river near Koratamaddi (v), Gadivemula (m), Kurnool (D)”, 5. 632/2018- 19, dated 18-04-2018 for the work of “Jungle clearance and de- silting of large mounds from Koratamaddi (v) D/S from km 0.500 to 0.700 of kundu river near Koratamaddi (v), Gadivemula (m), Kurnool (D)”, 6. 634/2018-19, dated 18-04-2018 for the work of “Jungle clearance and de-silting of large mounds from Koratamaddi (v) D/S from km 1.100 to 1.300 of R/s edge kundu River near Koratamaddi (v), Gadivemula (m), Kurnool (D)”, 7. 638/2018-19, dated 19-04- 2018 for the work of “Jungle clearance and de-silting of large mounds from Koratamaddi (v) D/S from km 2.400 to 2.700 of L/s 3 W.P. No.28713 of 2024 edge of kundu river near Koratamaddi (v), Gadivemula (m), Kurnool (D)”, 8. 640/2018-19, dated 19-04-2018 for the work of “Jungle clearance and de-silting of large mounds from Koratamaddi (v) D/S from km 3.100 to 3.400 of L/s kundu river near Koratamaddi (v) Gadivemula (m), Kurnool (D)”, 9. 643/2018-19, dated 19-04-2018 for the work of “Jungle clearance and de-silting of large mounds from Koratamaddi (v) D/S from km 4.250 to 4.500 of L/s kundu river near Koratamaddi (v), Gadivemula (m), Kurnool (D)”, 10. 646/2018-19, dated 19-04-2018 for the work of “Jungle clearance and de-silting of mid mounds from Koratamaddi (v) D/S from km 5.300 to 5.500 of kundu river near Koratamaddi (v), Gadivemula (m), Kurnool (D)”, 11. 645/2018-19, dated 18-04-2018 for the work of “Jungle clearance and de-silting of large mounds from Koratamaddi (v) D/S from km 4.900 to 5.200 of kundu river near Koratamaddi (v). Gadivemula (m), Kurnool (D)”, 12. 280/2018-19, dated 18-04-2018 for the work of “Jungle clearance and de-silting of galeru vagu at Bheemavaram U/S @ km 1.350 to km 1.500 near Bheemavaram (v), Nandyal (m), Kurnool (D)”, 13. 295/2018-19, dated 18-04-2018 for the work of “Jungle clearance and de-silting of galeru vagu at Bheemavaram D/S @ km 0.400 to km 0.500 Bheemavaram (v), Nandyal (m), Kurnool (D)”, 14. 296/2018-19, dated 18-04-2018 for the work of “Jungle clearance and de-silting of galeru vagu at Bheemavaram D/S @ km 0.500 to km 0.600 near Bheemavaram (v), Nandyal (m), Kurnool (D)”, 15. 183/2018-19, dated 18-04-2018 for the work of “Jungle clearance and de-silting of galeru vagu at Bheemavaram D/S @ km 2.750 to km 2.850 near Bheemavaram (v), Nandyal (m), Kurnool (D)”, 16. 189/2018-19, dated 18-04-2018 for the work of “Jungle clearance and de-silting of galeru vagu at Bheemavaram D/S @ km 3.350 to km 3.450 near Bheemavaram (v), Nandyal (m), Kurnool (D)”, 17. 194/2018-19, dated 18-04-2018 for the work of “Jungle clearance and de-silting of galeru vagu at Bheemavaram 4 W.P. No.28713 of 2024 D/S @ km 3.850 to km 3.950 near Bheemavaram (v), Nandyal (m) Kurnool (D)”, 18. 631/2018-19, dated 18-04-2018 for the work of “Jungle clearance and de-silting of large mounds from Koratamaddi (v) D/S from km 0.250 to 0.450 R/S of kundu river near Koratamaddi (v), Gadivemula (m), Kurnool (D)”, 19. 281/2018-19 dated 18-04- 2018 for the work of “Jungle clearance and de-silting of galeru vagu at Bheemavaram D/S @ km 1.200 to km 1.350 Bheemavaram (v), Nandyal (m), Kurnool (D)”, all entered with the 3rd respondent, even after completion of defect liability period and in spite of repeated requests, as arbitrary, illegal, discriminatory, unjust, enrichment, violative of the Fundamental Rights guaranteed under Articles 14, 19 and 21 of the Constitution of India, apart from being contrary to the orders of this Hon’ble Court issued from time to time and consequently direct the respondents to release/return the withheld amounts @ 7.5% and Earnest Money Deposit @ 2.5% for the works executed by the petitioner under the aforementioned agreements, along with interest accrued on the said amounts from the due date to till the date of payment and 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 record instructions received from the Executive Engineer, KC Canal Division, Nandyal, issued vide Lr.No.EE/KCC/NDL/GB/A3/NC, dated 26.01.2025 and submitted that the bills are under process in CFMS for payment and after finalization, the bills would be transmitted to Assistant Pay and Accounts Officer, Nandyal for payment to the contractor. 5 W.P. No.28713 of 2024 04. 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 of Rs.18,28,865/- (Eighteen Lakh Twenty Eight Thousand Eight Hundred Sixty Five 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: 10.02.2025 SCH 6 W.P. No.28713 of 2024 193 HON’BLE Ms. JUSTICE B.S.BHANUMATHI WRIT PETITION NO: 28713/2024 Date: 10.02.2025 SCH