LAWS(APH)-2011-11-11

D NAGESWARAIAH Vs. GOVERNMENT OF A P

Decided On November 23, 2011
D. NAGESWARAIAH Appellant
V/S
GOVERNMENT OF A.P. Respondents

JUDGEMENT

(1.) The appellant is aggrieved by an order dt. 8.8.2011 passed by a learned single Judge in W.P. No. 22256 of 2011. The appellant is a contractor who had entered into an agreement with the respondents for execution of certain works under the Telugu Ganga Project Main Canal on nomination basis. The appellant seems to have executed the works within the stipulated time and the final bill was paid to the appellant on 29.10.2007.

(2.) It is submitted by the appellant that the defect liability period was twenty four months and this period expired on or about 30.10.2009. Since the defect liability period had expired, the appellant sought release of the earnest money deposit (EMD) and further security deposit (FSD). Unfortunately, this amount was not paid to the appellant.

(3.) On the contrary, a letter was issued by the respondents on 18.7.2011, the material portion of which reads as follows: