Madhura Srikanth vs. The State Of Andhra Pradesh
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Order Issued After Hearing
Purpose:
Disposed
Before:
Hon'ble Venkateswarlu Nimmagadda
Listed On:
1 Nov 2023
Original Order Copy
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Order Text
THE HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.6894 of 2023
ORDER:
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The present writ petition is filed aggrieved by the action of the respondents in not releasing the Earnest Money Deposit of Rs.1,88,244/ and Security Deposit of Rs.5,65,301/-.
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Learned counsel for the petitioner submits that the petitioner has entered into various agreements with the respondents under various Agreements for the works in Kurnool District and he completed the work as per the agreements. Execution of work was entered into measurement book prepared by the respondent authorities without noticing any defects. The amount for execution of work was paid to the petitioner, but the Earnest Money Deposit and Security Deposit was not released even after completion of defect liability period. The petitioner has approached the respondents several times for reimbursement of the Earnest Money Deposit and Security Deposit. As the respondents have failed to release the Earnest Money Deposit and Security Deposit, the petitioner is seeking a direction to the respondent authorities for release of Earnest Money Deposit and Security Deposit.
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Heard the learned counsel for the petitioner and learned counsel for the respondents.
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Learned Government Pleader submitted that the respondents are ready to pay the amounts due to the petitioner.
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Keeping in view facts and circumstances of the case, submissions made by both learned counsel and on perusing the material placed on record, as there is no justification in withholding the Earnest Money Deposit and Security Deposit, even after completion of defect liability period and completion of the work allotted by the respondents, this Court deems it appropriate to direct the respondents to release the Earnest Money Deposit and Security Deposit due to the petitioner for the last several months.
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In the result, this Writ Petition is disposed of, directing the respondents to release the Earnest Money Deposit of Rs.1,88,244/- and Security Deposit of Rs.5,65,301/- to the petitioner within a period of four (04) weeks from the date of receipt of a copy of this order. There shall be no order as to costs.
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Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.
_______________________________ VENKATESWARLU NIMMAGADDA, J
01.11.2023 SP