APHC010378962023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19431/2023 Between: 1. JBR CONSTRUCTIONS PVT LTD, REP. BY ITS DIRECTOR AND AUTHORIZED SIGNATORY, B JANARDHAN REDDY, S/O. B. ADHINARAYANA REDDY, AGED ABOUT 48 YEARS, R/O. FLAT NO.109, RAJA HAMSA PALACE, NEAR RTC BUS STAND, ANANTAPUR, ANANTAPUR DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT 3. THE SUPERINTENDING ENGINEER, , PUBLIC HEALTH, ANANTHAPURAMU, ANANTAPUR DISTRICT, ANDHRA PRADESH. 4. THE COMMISSIONER, RAYADURG MUNICIPALITY, RAYADURG, ANANTAPUR DISTRICT, ANDHRA PRADESH. 5. THE COMMISSIONER, KADIRI MUNICIPALITY, KADIRI, SRI SATHYA SAI (ERSTWHILE ANANTAPUR) DISTRICT, ANDHRA PRADESH. 6. THE DEPUTY EXECUTIVE ENGINEER, RAYADURG MUNICIPALITY, RAYADURG, ANANTAPUR DISTRICT, ANDHRA PRADESH. 7. THE DEPUTY EXECUTIVE ENGINEER, KADIRI MUNICIPALITY, KADIRI, SRI SATHYA SAI (ERSTWHILE ANANTAPUR) DISTRICT, ANDHRA PRADESH. ...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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondent Authorities in not returning the Earnest Money Deposit @ 1 percent at the time of Tender Submission, Earnest Money Deposit @ 1.5 percent at the time of Agreement, and Security Deposit/Further Security Deposit withheld, etc., to the petitioner, i.e., (1) Rs.1,08,748/- towards work done vide Construction of Storm Water Drain From D .No. 1-4-524/ 71 to D.No .1-5-514 / 52 at Siddeswara Colony under 13th FC Commission Grant 2014- 2 2015 with Agreement Number vide 117/2016-17 dated 11.11.2016 and (2) Rs.3,81,232/- towards work done vide Shifting of 500 mm DI exiting Pipeline which is within the Railway Boundary from 39/500 km to 40/500 km to the edge of the Road NH-42 near NSP Kottala from 137/2 km to 138/2 km and 139/4 km under 14th Finance Commission Grants 2017-2018 with Agreement Number vide 192/2018-19 dated 07.02.2019, as illegal, arbitrary and violative of provisions i.e., Clause 68 of the Andhra Pradesh Detailed Preliminary Standard Specification and unconstitutional and consequently direct the Respondent Authorities to release the same to the Petitioner Firm forthwith and to pass such IA NO: 1 OF 2023 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 Respondent Authorities to release the Earnest Money Deposit @ 1percent at the time of Tender Submission, Earnest Money Deposit @ 1.5percent at the time of Agreement, and Security Deposit/Further Security Deposit withheld to the petitioner, i.e., (1) Rs.1,08,748/- towards work done vide Construction of Storm Water Drain From D.No.1-4-524/71 to D.No.1-5-514/52 at Siddeswara Colony under 13th FC Commission Grant 2014-2015 with Agreement Number vide 117/2016-17 dated 11.11.2016 and (2) Rs.3,81,232/- towards work done vide Shifting of 500 mm DI exiting Pipeline which is within the Railway Boundary from 39/500 km to 40/500 km to the edge of the Road NH-42 near NSP Kottala from 137/2 km to 138/2 km and 139/4 km under 14th Finance Commission Grants 2017-2018 with Agreement Number vide 192/2018-19 dated 07.02.2019 pending disposal of the main Writ Petition and to pass such Counsel for the Petitioner: 1. ANCHA PANDURANGA RAO Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR MUNCIPAL ADMN URBAN DEV 3. N RANGA REDDY (SC MC RSEEMA SPSR NLR) 3 The Court made the following Order: Learned counsel for the petitioner submits that the petitioner has filed this Writ Petition seeking release of bills towards the work conducted by the petitioner. 2. Learned Standing Counsel for respondents 5 and 6 submits that the amounts due payable to the petitioner have been released and also submitted that at 10th paragraph of the counter would disclose the method of payment made to the petitioner. It is also stated in the counter that no payment is pending to the petitioner. 3. Recording the same, the Writ Petition is closed. No costs. 4. Pending miscellaneous petitions, if any, shall stand closed. ______________________ JUSTICE HARINATH.N Date : 16.07.2025 BMS