APHC010334162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Wednesday, the Seventeenth day of September, Two Thousand And Twenty Five Present The Honourable Ms. Justice B.S.Bhanumathi Writ Petition No: 16862 of 2025 Between: M/s.O.B.Munuswamy Reddy and Co. ...Petitioner and The State of Andhra Pradesh and others ...Respondents Counsel for the petitioner: 1. Devasri Roshan Kancharla Counsel for the respondents: 1. G.P. for Agriculture 2. G.P. for Finance Planning The Court made the following: 2 W.P.No.16862 of 2025 ORDER: This writ petition is filed to issue an appropriate writ order or direction, particularly one in the nature of writ of Mandamus, declaring the inaction of the respondents in making payment of Rs.7,54,000/- deposited by the petitioner at the time of contract as security to undertake the works even completion of the observation period after completion of works as illegal, arbitrary, violation of principles of natural justice and Article 14, 19(i)(g) and 21 of the Constitution of India and consequently directing the respondents to immediately release and repay the deposited amounts with interest at the rate of 12% p.a. from the date of completion of respective observation periods, and to pass any other appropriate order. 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 has been 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 Agriculture, while admitting about the claim of the petitioner, placed on record instructions received from the Executive Engineer (M), O/o. the Executive Engineer (M), Agricultural Marketing Department, Guntur. The relevant part of the instructions reads as follows: “…3. Further, it is respectfully submitted that, the details of the deposit bills is as follows: S.No. Name of the work Deposit amount in rupees. 1 Construction of cold storage in New Market Yard, Chilakaluripet of Rs.3,70,300.00/- 3 W.P.No.16862 of 2025 A.M.C., Chilakaluripet of Guntur District. 2 Construction of cold storage in New Market Yard, Duggirala of A.M.C. Emani H.Q. Duggirala of Guntur District. Rs.3,83,700.00/- Total Rs.7,54,000.00/- 4. It is respectfully submitted that, the contractor's signatures are required on both the hand voucher and the Measurement Book (M.Book) for processing and for releasing of deposits to the contractor. The details have to be upload in the CFMS portal. At present, the CFMS portal is migrated to the NIDHI portal. Accordingly, EMD proposals will now be uploaded through the NIDHI portal, with the requisite authorized signatures of contractor on both the EMD voucher and the M.Book. 5. It is further respectfully submitted that, we are currently awaiting the necessary mapping to be done in the NIDHI portal by the NIDHI portal team and it is under process. Once the mapping is finalized, the EMD proposals will be uploaded in the NIDHI portal for arranging payment to the contractor…” 04. In view of the submissions of the learned counsel for the petitioner and the learned Assistant Government Pleader for Agriculture, basing on the above instructions, this Writ Petition is allowed with a direction to the respondents to release an amount of Rs.7,54,000/- (seven lakh fifty four thousand Rupees only) to the petitioner, along with the interest as per the entitlement vide the judgment of the Division Bench of this Court in Writ Appeal No.724 of 2021 and batch of cases dated 12.10.2023, within a period of three (03) months from the date of receipt of a copy of this order. However, if the 4 W.P.No.16862 of 2025 petitioner is entitled to any higher amount, the same shall also be paid as per the entitlement. 05. It is open to the petitioner to agitate the claim for higher rate of interest, if any, payable by the respondents, before an appropriate forum. 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: 17.09.2025 NSM 5 W.P.No.16862 of 2025 22 HON’BLE Ms. JUSTICE B.S.BHANUMATHI Writ Petition No: 16862 of 2025 Date: 17.09.2025 NSM