APHC010362112025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0E0 0L WEDNESDAY,THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18652 OF 2025 Between: Batchu Venkateswara Reddy, S/o Chinna Avula Reddy, Age. 47 years, N S Nagar, Opp RTC Bus Stand, Markapuram, Andhra Pradesh Prakasam District, ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, To Municipal And Urban Deportment, Secretariat Building, Velagapudi, Amaravathi, Guntur. 2. The Guntur Municipal Corporation, Rep.by Commissioner, Guntur, Guntur District. 3. The State of Andhra Pradesh, Rep. by its Principal Secretary Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur 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 an appropriate Writ Order or Direction, particularly one in the nature of Writ of Mandamus declaring the action of the respondents in Non Repayment of the Deposited Amounts of Rs.1,08,500/- made by the Petitioner at the time of Contract as Security to under take the works, even completing the observation period to the Petitioner with interest till the date, even after completion of works and from the date of completion of respective illegal, arbitrary violation of principles of natural observation periods, as justice and violative of Article 14, 19(i)(g), 21 of the Constitution of India, consequently direct the respondents to release and Repay the Deposited immediately with interest of 12 Amounts for the aforementioned works percent. 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 to Direct the Respondents to Release/Re-Pay the Deposited Amount of Rs.1,08,500/- towards payment of deposited by the Petitioner as Security for the contract works under taken by the petitioner long back pending disposal of main WP No. of 2025. Counsel for the Petitioner: SRI DEVASRI ROSHAN KANCHARLA Counsel for the Respondent No. 1: GP MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent No.2: SRI A S C BOSE SC FOR MUNICIPAL CORPORATION Counsel for the Respondent No. 3: GP FOR FINANCE PLANNING The Court made the following order: Hi APHC010362112025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 050 [3457] 0L WEDNESDAY,THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18652/2025 Between: 1.BATCHU VENKATESWARA REDDY, S/0 CHINNA AVULA REDDY, AGE. 47 YEARS, N S NAGAR, MARKAPURAM, PRAKASAM DISTRICT, ANDHRA PRADESH OPP RTC BUS STAND, ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL TO MUNICIPAL AND URBAN DEPORTMENT, SECRETARY, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR. 2.THE GUNTUR MUNICIPAL REP.BY.COMMISSIONER,GUNTUR,GUNTUR DISTRICT. CORPORATION 3.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. ...RESPONDENT{S): Counsel for the Petitioner: 1.DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1.GP MUNCIPAL ADMN AND URBAN DEVAP ii TV’ 2 2.GP FOR FINANCE PLANNING The Court made the following: 3 0 Order:- The learned counsel for the petitioner submits that the petitioner is aggrieved by the non-refund of the security deposit amounting to Rs. 1,08,500/- and prays for a direction to the 2"'^ respondent to refund the together with interest. same It is submitted that the agreement was entered into on 02.02.2018 for the construction of a CC drain along Etukur Road, Guntur District. It is also submitted that, although the agreement was executed and the petitioner deposited an Earnest Money Deposit (EMD) of Rs. 1,08,500/-, the site not handed over to the petitioner to proceed further. It is further submitted that on account of the non-handing over of the site, the petitioner could not execute the work. 2. was The learned Standing Counsel for the 2"^^ respondent submits that the petitioner did not execute the work, and as per the written instructions received, the work was not completed. Further, the petitioner, instead of approaching the 2"'^ respondent, had directly approached this Court and filed a writ petition. 3. Considering the submissions, this writ petition is disposed off. Liberty is granted to the petitioner to submit a representation to the 2'^'^ respondent, duly narrating the sequence of events which led the petitioner to be unable to execute the work. On receipt of such representation, the 2"'^ respondent shall 4. 4 take an appropriate decision and pass necessary orders within a period of six (06) weeks thereafter. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// FFICER SEC To, 1. The Principal Secretary to Municipal And Urban Deportment, State of Andhra Pradesh, Secretariat Building, Velagapudi, Amaravathi, Guntur. 2. The Commissioner, Guntur Municipal Corporation, Guntur, Guntur District. 3. The Principal Secretary, Department of Finance and Planning, State of Amaravathi, Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District. 4. One CC to Sri. Devasri Roshan Kancharla Advocate [OPUC] Sri. A.S.C. Bose SC for Municipal Corporation [OPUC] GP For Finance Planning, High Court of Andhra Pradesh 5. OneCCto 6. Two CCs to [OUT] 7. Two CCs to Court of Andhra Pradesh [OUT] 8. Two CD Copies GP For Municipal Admin and Urban Development, High GSC HIGH COURT DATED:23/07/2025 I 06 AUG 2025 § ^ . CUffiMl SUIUH) ORDER WP NO. 18652 OF 2025 DISPOSING THE WP WITHOUT COSTS