APHC010356932025 IN THE HIGH COURT OF ANDHRA PRADESH- AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18217 OF 2025 Between: Ratnagiri Engineering Projects Pvt Ltd. Rep. by its Managing Director. G. Veera Bhadra Rao, S/o. Late G. Subba Rao, Aged about 60 No.502, Surya Vihar, Vivekanandha Nagar Colony, Yendada, Visakhapatnam Visakhapatnam District. years, R/o.Flat ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Municipal Administration and Amaravathi, Guntur District. 2. The District Collector, Visakhapatnam. 3. The Grater Visakhapatnam Municipal Corporation Commissioner, Visakhapatnam. 4. The Executive Engineer, Zone-ll, Greater Visakhapatnam Corporation Visakhapatnam. . 5. The Executive Engineer, Zone-Ill, Greater Visakhapatnam Corporation, Visakhapatnam. 6. The Executive Engineer, Zone-VA, Greater Visakhapatnam Municipal Corporation, Visakhapatnam. 7. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance and Planning Department, Secretariat, Amaravathi Urban Development, Secretariat, Rep. by its Municipal Municipal Guntur District. 8. The Pay and Accounts Officer, Visakhapatnam, Visakhapatnam District. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the respondents in not releasing the EMD and PSD amounts with respect to five works i.e., 1) Construction of SW drain from Simhadripuram main road to Adarshnagar park in ward No.9 of Zone-ll with Agreement No.409/17-18/SE-ll/EE-ll/ DB Dt Community Hall at Amarnagar in Ward No. 15 of Zone-ll with Agreement No.408/17-18/SE-ll/EE-il/DB Dt 18.12.2017 3) Construction of Community Hall at Joga Rao Nagar in Ward No.35 with Agreement No.334/2017- 18/DB/EE-IVA/SE(W-II) Dt 27.09.2017, 4) Construction of Community Hall Pineapple Colony in Ward No.01 of Zone-1 (SDF) with agreement No. 149/2017-18/SE-W/EE-l/DB Dt 23.06.2017, 5) Construction of Community Hall at Swamy Vivekanandanagar in Ward No.02 of Zone-1 (SDF) with agreement No. 150/2017-18/SE-W/EE-l/DB Rs.4,91,031/- withhold by the respondents consequently direct the respondents to release the withhold EMD and FSD amounts in total Rs.4,91,031/- with respect to five works forthwith along with 18 % interest from the date of completion of defective liability period. ^ lA NO: 1 OF 2Q2.4 ^ 18.12.2017 2) Construction of at Dt 23.06.2017 in total as illegal, arbitrary and Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to release the withhold EMD and FSD amounts in total Rs.4,91,031/- with respect to five works i.e., 1) Construction of SW drain from Simhadripuram main road to Adarshnagar park in ward No.9 of Zone-ll with Agreement No.409/17-18/SE-ll/EE-ll/DB Dt: 18.12.2017 2) Construction of Community Hall at Amarnagar in Ward No. 15 of Zone-ll with Agreement No.408/17-18/SE-ll/EE-li/DB Dt; 18.12.2017 3) Construction of Community Hall at Joga Rao Nagar in Ward No.35 with Agreement No.334/2017- 18/DB/EE-IVA/SE(W-II) Dt: 27.09.2017, 4) Construction of Community Hall at Pineapple Colony in Ward No.01 of Zone-1 (SDF) with agreement No. 149/2017-18/SE-W/EE-l/DB Dt: 23.06.2017, 5) Construction of Community Hall at Swamy Vivekanandanagar in Ward No.02 of Zone-1 (SDF) with agreement No. 150/2017-187SE-W/EE-I/DB Dt: 23.06.2017 forthwith along with 18 % interest from the date of completion of defective liability period, pending disposal of the Writ Petition. ^ Counsel for the Petitioner: SRI C SUBODH Counsel for the Respondent Nos. 1 & 2: GP FOR MUNCIPAL ADMN URBAN DEV ^ Counsel for the Respondent Nos. 3 to 6: SRI A S C BOSE (SC FOR MUNICIPAL CORPORATION^) Counsel for the Respondent Nos. 7 & 8: GP FOR FINANCE & PLANNING^ The Court made the following order: % f APHC010356932025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY.THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18217/2025 Between: 1.RATNAGIRI ENGINEERING PROJECTS PVT LTD, REP. BY ITS MANAGING DIRECTOR, G. VEERA BHADRA RAO, S/0. LATE G. SUBBA RAO, AGED ABOUT 60 YEARS, R/O.FLAT NO.502, SURYA VIHAR, VIVEKANANDHA NAGAR COLONY, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT YENDADA, ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, VISAKHAPATNAM. 3.THE GRATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, VISAKHAPATNAM. 4.THE EXECUTIVE ENGINEER, ZONE-LL, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION VISAKHAPATNAM. 5.THE EXECUTIVE ENGINEER, ZONE-ILL, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM. 6.THE EXECUTIVE ENGINEER, ZONE-VA, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM. 7.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT. 8. THE PAY AND ACCOUNTS OFFICER, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 2.THE DISTRICT COLLECTOR, VISAKHAPATNAM. 3.THE GRATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, VISAKHAPATNAM. 4.THE EXECUTIVE ENGINEER, ZONE-LL, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION VISAKHAPATNAM. 5.THE EXECUTIVE ENGINEER, ZONE-ILL, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM. 6.THE EXECUTIVE ENGINEER, ZONE-VA, GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, VISAKHAPATNAM. 7.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, AMARAVATHI, GUNTUR DISTRICT. 8. THE PAY AND ACCOUNTS OFFICER, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased tomay be pleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the respondents in not releasing the EMD and FSD amounts with respect to five works i.e., 1) Construction of SW drain from Simhadripuram main road to Adarshnagar park in ward No.9 of Zone-ll with Agreement No.409/17-18/SE-ll/EE-ll/ DB Dt 18.12.2017 2) Construction of Community Hall at Amarnagar in Ward No. 15 of Zone-ll with Agreement No.408/17-18/SE-ll/EE-ll/DB Dt 18.12.2017 3) 2 Construction of Community Hall at Joga Rao Nagar in Ward No.35 with Agreement No.334/2017-18/DB/EE-IVA/SE(W-ll) Dt 27.09.2017, 4) Construction of Community Hall at Pineapple Colony in Ward No.01 of Zone-1 (SDF) with agreement No. 149/2017-18/SE-W/EE-l/DB Dt 23.06.2017, 5) Construction of Community Hall at Swamy Vivekanandanagar in Ward No.02 of Zone-1 (SDF) with agreement No.150/2017-187SE-W/EE-I/DB Dt 23.06.2017 in total Rs.4,91,031/- withhold by the respondents as illegal, arbitrary and consequently direct the respondents to release the withhold EMD and FSD amounts in total Rs.4,91,031/- with respect to five works forthwith along with 18 percent interest from the date of completion of defective liability period and pass such lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to direct the respondents to release the withhold EMD and FSD amounts in total Rs.4,91,031/- with respect to five works i.e., 1) Construction of SW drain from Simhadripuram main road to Adarshnagar park in ward No.9 of Zone-ll with Agreement No.409/17-18/SE-ll/E E-ll/DB Dt; 18.12.2017 2) Construction of Community Hall at Amarnagar in Ward No. 15 of Zone-ll with Agreement No.408/17-18/SE-ll/EE-ll/DB Dt; 18.12.2017 3) Construction of Community Hall at Joga Rao Nagar in Ward No.35 with Agreement No.334/2017- 18/DB/EE-IVA/SE(W-II) Dt: 27.09.2017, 4) Construction of Community Hall at Pineapple Colony in Ward No.01 of Zone- 1 (SDF) with agreement No. 149/2017-18/SE-W/EE-l/DB Dt; 23.06.2017, 5) Construction of Community Hall at Swamy Vivekanandanagar in Ward No.02 of Zone-1 (SDF) with agreement No. 150/2017-187SE-W/EE-I/DB Dt: 23.06.2017 forthwith along with 18 % interest from the date of completion of defective liability period, pending disposal of the Writ Petition and pass such Counsel for the Petitioner: 1.CSUBODH Counsel for the Respondent(S): 1.GP FOR MUNCIPALADMN URBAN DEV 2.GP FOR FINANCE PLANNING N 3 The Court made the following Order: Learned counsel for the petitioner submits that the petitioner is aggrieved by the inaction on part of the respondents in returning the Earnest Money Deposit (EMD) and Final Security Deposit (FSD) amounts. It is submitted that the work was completed in the year 2019, and the defect liability period of two years has expired in the year 2021. However, the 3 respondent has so far not released the EMD and FSD amounts totaling Rs.4,91,031/-. rd Heard the learned counsel for the petitioner; the learned Assistant Government Pleader for Municipal Administration and Urban Development, for the respondents 1 and 2; the learned Standing Counsel for the respondents 3 to 6 and the learned Assistant Government Pleader for Finance and Planning, 2. for the respondents 7 and 8. Considering the submissions, the 3^^^ respondent is hereby directed to release the EMD and FSD amounts to the petitioner within a period of six (06) weeks from the date of receipt of a copy of this order, subject to any lawful deductions which are required to be made. Accordingly, the Writ Petition is disposed of. No costs. Pending miscellaneous petitions, if any, shall stand closed. 3. 4. 5. Sd/- M.RAMESH BABU DEPUTY REGISTRAR. //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, Municipal Administration and Urbaii Development, Secretariat, Amaravathi, Guntur District. 2. The District Collector, Visakhapatnam. i 3. The Commissioner, Grater Visakhapatnam Municipal Corporation|^ Visakhapatnam. i 4. The Executive Engineer, Zone-ll, Greater Visakhapatnam Municipal Corporation Visakhapatnam. 5. The Executive Engineer, Zone-Ill, Greater Visakhapatnam Municipal Corporation, Visakhapatnam. 6. The Executive Engineer, Zone-VA, Greater Visakhapatnam Municipal Corporation, Visakhapatnam. 7. The Principal Secretary, Finance and Planning Department, Secretariat, Amaravathi, Guntur District. 8. The Pay and Accounts Officer, Visakhapatnam, Visakhapatnam District. 9. One CC to Sri C Subodh Advocate [OPUC] 10. One CC to Sri A S C Bose (SC for Municipal Corporations), Advocate [OPUC] 11. Two CCs to GP for Muncipal Admn and Urban Dev, High Court of Andhra Pradesh [OUT] 12. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh [OUT] 13. Two CD Copies TF HIGH COURT \ DATED:21/07/2025 ORDER WP NO. 18217 OF 2025 DISPOSING OF THE W.P., WITHOUT COSTS