K APHC010384852025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19854 OF 2025 Between: K. Venkateswara Rao, S/o Veerabhadra Rao, Aged 55 years, Kakinada East Godavari District, Andhra Pradesh. ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Municipal Administration And Urban Development Department, Building, Velagapudi, Amaravathi, Guntur. 2. Kakinada Municipal Corporation, Rep. by its Commissioner, Kakinada Kakinada District. 3. Kakinada Municipal Corporation, Rep. by its Executive Engineer, Kakinada Kakinada District. 4. The State of Andhra Pradesh, Rep. by its Principal Secretary Department of Finance and Planning Velagapudi, Amaravathi, Guntur District Secretariat Secretariat Buildings, ...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 order or orders, direction or directions. Writ or Writs particularly one in the nature Writ of Mandamus or any appropriate writ declare the action of the respondents in not refunding the deposited amounts as deposited at the time of contract as security to under take the works completing the observation period amounting to. Rs.54,60,000/- (Rupees Fifty Four Lakhs Sixty Thousand only) to the petitioner with interest, till the date of refund from the date of completion of , even respective observation periods Illegal, arbitrary violation of principles of natural justice and violative of Article 14. 19(i)(g), 21 of the , as Constitution of India, consequently direct the respondents to release and repay the deposited amounts for the immediately with interest of 12%. above works lA NO: 1 OF 207.*^ Petition under Section 151 CPC praying that in the circumstances stated may be pleased to amount of Rs.54,60,000/- (Rupees Fifty ‘ payment of deposited amounts for the contract works undertaken by the petitioner long back, pending disposal Of main WP No. of 2025 m the affidavit filed in support of the petition, the High Court direct the respondents to release the Four Lakhs Sixty Thousand only) towards Counsel for the Petitioner: SRI DEVASRI ROSHAN KANCHARLA Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT SRI M. KRISHNA RAO, SC FOR KMC Counsel for the Respondent No.4:GP FOR FINANCE The Court made the following order: Counsel for the Respondent Nos.2 & 3: PLANNING APHC010384852025 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY.THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19854/2025 Between: 1.K VENKATESWARA RAO,, S/0 VEERABHADRA RAO YEARS, PRADESH. AGED 55 ANDHRA KAKINADA, EAST GODAVARI DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, BUILDING,VELAGAPUDI, AMARAVATHI, GUNTUR. SECRETARIAT 2. KAKINADA MUNICIPAL CORPORATION, REP.BY ITS COMMISSIONER, KAKINADA KAKINADA DISTRICT. 3.KAKINADA MUNICIPAL CORPORATION, REP.BY ITS EXECUTIVE ENGINEER, KAKINADA KAKINADA DISTRICT. 4.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS. VELAGAPUDI, AMARAVATHI, GUNTUR 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 to issue order or orders, direction or directions. Writ or Writs particularly one in the nature Writ of Mandamus or any appropriate writ 2 declare the action of the respondents in not refunding the deposited amounts as deposited at the time of contract, as security to undertake the works, even completing the observation period amounting to. Rs.54,60,000/- (Rupees Fifty Four Lakhs Sixty Thousand only) to the petitioner with interest, till the date of refund from the date of completion of respective observation periods, as illegal, arbitrary violation of principles of natural 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 amounts for the above works immediately with interest of 12percent 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 the amount of Rs.54,60,000/- (Rupees Fifty Four Lakhs Sixty Thousand only) towards payment of deposited amounts for the contract works under taken by the petitioner long back, pending disposal of main WP No. of 2025 Counsel for the Petitioner: 1.DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 2.GP FOR FINANCE PLANNING The Court made the following: •4 3 Order:- On 01.08.2025, the learned Standing Counsel appearing for respondent Nos.2 and 3 sought time to file a counter. Today, there is no representation on behalf of respondent Nos.2 and 3. The short point for consideration before this Court is that the petitioner executed the work entrusted by the 3'"^ respondent, and while bidding for the said work, the petitioner had deposited a sum of Rs.54,60,000/- towards 2. E.M.D., F.S.D., and A.S.D. It is submitted that the petitioner completed the work well within the stipulated time, and the respondent authorities have also released the payments due to the petitioner for the executed work. The learned counsel for the petitioner submits that the E.M.D. amount 3. was not released though the defect liability period was over. It is submitted that no purpose would be served for the respondents in detaining the E.M.D., F.S.D., and A.S.D. amounts after finally settling the bills of the petitioner and after the defect liability period is over. Considering the submissions, there shall be a direction to respondent Nos.2, 3, and 4 to verify and release the E.M.D., F.S.D., and A.S.D. amounts deposited by the petitioner, within a period of six (06) weeks from the date of 4. receipt of a copy of this order. Accordingly, this writ petition is disposed off. There shall be no order as 5. to costs. 4 Pending miscellaneous petitions, if any, shall stand qlojped. 6. Sd/-G.HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, Municipal Administration And Urban Development Department, State of Andhra Pradesh, Secretariat Building, Velagapudi, Amaravathi, Guntur. 2. The Commissioner, Kakinada Municipal Corporation, Kakinada Kakinada District. 3. The Executive Engineer, Kakinada Municipal Corporation, Kakinada Kakinada District. 4. The Principal Secretary Department of Finance and Planning, State of Andhra Pradesh, Secretariat Buildings, Velagapudi Guntur District 5. One CC to Sri Devasri Roshan Kancharla, Advocate [OPUC] 6. One CC to Sri M. Krishna Rao, SC for KMC[OPUC] 7. Two CCs to GP for Municipal Administration and Urban Development High Court of Andhra Pradesh. [OUT] 8. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT] 9. Two CD Copies. Amaravathi ssb HIGH COURT DATED;03/09/2025 / / ORDER WP No. 19854 OF 2025 S’ I 17 SEP 2025 ^ ^ . Current beciion ^ DISPOSING OF THE W.P. WITHOUT COSTS