RKN PROJECTS PRIVATE LTD v. The State of Andhra Pradesh,
WP/4178/2025 · 2025-02-24
B S Bhanumathi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7359 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7359 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010074152025
IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) Monday, the Twenty Two Thousand Twenty Five The Honourable Ms.Justice B.S.Bhanumathi WRIT PETITION NO: 4178/2025 Between: RKN Projects Private Ltd, Nellore, SPSR Nellore District. AND The State of Andhra Pradesh and others Counsel for the petitioner:
1. S Siva Kumari Counsel for the respondent(
1. GP for Irrigation and Commercial Area Development
2. GP for finance planning The Court made the following
This writ petition is filed seeking the following relief:
“...issue a writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the not paying the future 179/- for execution of the work under Neeru Chettu breached portion of surplus weir No Mandal, SPSR Nellore District with dated 17.01.2017 and 11.12.2017 to the petitioner is arbitrary IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) Monday, the Twenty Fourth Day of February, Two Thousand Twenty Five Present The Honourable Ms.Justice B.S.Bhanumathi WRIT PETITION NO: 4178/2025 RKN Projects Private Ltd, Nellore, ...Petitioner The State of Andhra Pradesh and others ...Respondents etitioner: espondent(s): Commercial Area Development GP for finance planning The Court made the following Order: This writ petition is filed seeking the following relief:
rit order or direction more particularly one in the andamus declaring the action of the respondents uture security deposit (FSD) amount of Rs. for execution of the work under Neeru Chettu “Repairs to breached portion of surplus weir No.2 of kayyuru tank in Balayapalli SPSR Nellore District with agreement No.102SE/2016 2017 and suppl.agreement No.116SE/2017-18 Dated 2017 to the petitioner is arbitrary,illegal and violative of
[3311] ...Petitioner ...Respondents rit order or direction more particularly one in the espondents .2,51, Repairs to 2 of kayyuru tank in Balayapalli 102SE/2016-17 18 Dated illegal and violative of
2 BSB,J W.P.No.4178 of 2025
Article 14, 19 and 21 of the Constitution of India and consequently direct the respondents to pay the Future Security Deposit (FSD) amount of Rs.2,51,179/- with interest to the petitioner and pass such other order or orders....”
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, learned Assistant Government Pleader for Irrigation representing the respondents, while admitting about the claim of the petitioner, placed on record instructions received from the Executive Engineer, WRD, Irrigation Division, Venkatagiri, Tirupathi District vide Letter No.EE/ID/VKI/WP No.4178 of 2025 dated 22.02.2025. He submitted that the further security deposit (FSD) amount recovered from the work bill was miscredited to the head of account of the forest department and on noticing the same, the Assistant Pay & Account Officer, Nellore had addressed a letter to the Pay & Account Officer, Tirupathi to propose transfer of the entry and subsequently the Pay & Account Officer, Tirupathi had not proposed the transfer for rectification and that the office of the Executive Engineer, WRD, Irrigation Division, Venkatagiri also had addressed a letter dated 07.10.2024, but it has not so far been rectified. 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.2,51,179/- (Rupees two lakhs fifty one thousand one hundred and seventy nine 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. 3 BSB,J W.P.No.4178 of 2025
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
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239
THE HONOURABLE MS JUSTICE B S BHANUMATHI
WRIT PETITION NO:4178 of 2025
Date: 24.02.2025
5 BSB,J W.P.No.4178 of 2025
GRL