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2025 DAILYLAW 27770 (AP)

PEDDIREDDY RAMIREDDY v. THE STATE OF ANDHRA PRADESH

WP/20293/2025 · 2025-08-04

Harinath N

body2025

Judgment text

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APHC010394152025 IN THE HIGH COURT OF ANDHRA PRADESH / AT AMARAVATI (Special Original Jurisdiction) QMS TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE - PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20293 OF 2025 Between: Peddireddy Ramireddy, S/o.P Kasireddy, Aged about 60 years, Occ Contractor, R/o.Main Bazar, D.No. 1/49, Vittamrajupalli, Vinukonda, Palnadu District, Pincode 522647. ...PETITIONER I AND 1. The State of Andhra Pradesh, Rep. by its Special Chief Secretary and Urban Development Department of Municipal Administration Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Secretariat Buildings, Department of Finance and Planning Velagapudi, Amaravathi,Guntur District. 3. The Director of Municipal Administration, Vaddeswiram, Mangalagiri Guntur, Guntur District. 4. The Engineer-in-Chief, Public Health and Municipal Engineering Department, Tadepalli, Guntur District. 5. The Vinukonda Municipality, Rep. by its Commissioner, Vinukonda, Palnadu District. 6. The Deputy Executive Engineer, Vinukonda Municipality, Vinukonda, Palnadu District. .. 7. The Junior Accounts Officer, Vinukonda Municipality, Vinukonda, Palnadu District. 8, Th,e Chief Executive Officer, APCFSS,' 3'"'' Floor, Nidhi Bhavan, Behind APIIC Building, Mangalagiri, Guntur District, Pincode 522503. ...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 refund Withheld amounts of EMD & FSD as Rs.38,420/- (EMD 1% ), Rs.57,630/- of (EMD@1.5%) & Rs.42,850/- (FSD@2%) with a totaling of Rs. 1,38,90d/- vide M Book No. 111/2020-21 , even after completion of defect liability period, refund payable to the petitioner in relation to the work i.e.. Transportation of drinking water through tankers from 1st to 26‘^ wards in the limits of Vinukonda Municipality, vide Agreement No. 57/2020-21, dated 06.07.2020 iIS questioned, as the same is illegal, arbitrary and consequently direct the respondents refund of Withheld amounts of EMD and FSD as Rs.38,42:6/- (EMD 1%), Rs.57,630/- (EMD@1.5%) & Rs.42,850/- (FSD@2% ) with a totaling of Rs. 1,38,000/- vide M Book No.111/2020-21 with interest@24% per annum for the delayed amount to the petitioner in respect of mentioned work forthwith. above- 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 refund of Withheld amounts of EMD & FSD as Rs.38,420/- (EMD 1%), Rs.57,630/- (EMD@1.5%) & Rs.42r,850/- (FSD(g2%) with a totaling of Rs. 1,38,900/- vide M Book No. 111/2020-21, with interest @24% per annum for the delayed amount to the petitioner in respect of work i.e., “Transportation of drinking water through tankers from 1®* to 26*'^ wards in the limits of Vinukonda Municipality, vide Agreement No. w forthwith, pending disposal of the Writ 57/2020-21, dated 06.07.2020 Petition. Counsel for the Petitioner; SMT. MODAPOTHULA SUMALATHA Counsel for the Respondent Nos.1,3 & 4; GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2 & 8: GP FOR FINANCE & PLANNING Counsel for the Respondent Nos.5 to 7:M/s. SIREESHA RANI VALLABHANENI, SC FOR MUNICIPALITIES V, The Court made the following order: r APHC010394152025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20293/2025 Between: 1.PEDDIREDDY RAMIREDDY, , S/O.P KASIREDDY, AGED ABOUT 60 YEARS, OCC CONTRACTOR, VITTAMRAJUPALLI, VINUKONDA, PALNADU DISTRICT, PINCODE 522647. R/O.MAIN BAZAR, D.NO. 1/49 ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY AND URBAN DEVELOPMENT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. DEPARTMENT OF MUNICIPAL ADMINISTRATION SECRETARIAT BUILDINGS, 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI,GUNTUR DISTRICT. DEPARTMENT OF FINANCE AND PLANNING 3.THE DIRECTOR OF MUNICIPAL ADMINISTRATION, VADDESWARAM, MANGALAGIRI, GUNTUR, GUNTUR DISTRICT. 4.THE ENGINEERINCHIEF, PUBLIC HEALTH AND MUNICIPAL ENGINEERING DEPARTMENT, TADEPALLI, GUNTUR DISTRICT. 5.THE VINUKONDA MUNICIPALITY, REP. BY ITS COMMISSIONER, VINUKONDA, PALNADU DISTRICT. 6.THE DEPUTY EXECUTIVE ENGINEER, VINUKONDA MUNICIPALITY 2 VINUKONDA, PALNADU DISTRICT. 7.THE JUNIOR ACCOUNTS OFFICER, VINUKONDA MUNICIPALITY, VINUKONDA, PALNADU DISTRICT. 8.THE CHIEF EXECUTIVE OFFICER, APCFSS, 3RD FLOOR, NIDHI MANGALAGIRI, GUNTUR BHAVAN, BEHIND APIIC BUILDING DISTRICT, PINCODE 522503. ...RESPONDENT(S): Counsel for the Petitioner: 1. MODAPOTHULA SUMALATHA Counsel for the Respondent(S): 1.GP FOR MUNCIPAL ADMN URBAN DEV 2.GP FOR FINANCE PLANNING The Court made the following: 3 ORDER: The learned counsel for the petitioner submits that the petitioner St executed the work of transporting drinking water through tankers from the 1 to the 26 wards within the limits of Vinukonda Municipality and entered into Agreement No. 57/2020-21. It is further submitted that on 06.07.2020, while entrusting the work, the petitioner had submitted EMD and FSD amounts totaling Rs.1,38,900/- to the 5'*^ respondent. It is submitted that the entrusted work has been completed to the best satisfaction of the respondent authorities as per the schedule. It is also submitted that, even after completion of the work within the allotted period, the 5^^^ respondent has not released the EMD and FSD amounts totaling 2. Rs.1,38,900/-. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent. Accordingly, this writ petition is disposed off. There shall be a direction to the 5**^ respondent to verify and release the amounts within a period of four (04) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. 3. 4. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- M.PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// se^tSn officer To, 1. The Special Chief Secretary, Department of Municipal Administration And Urban Development, State of Andhra Pradesh, Buildings, Velagapudi, Amaravathi, Guntur District. 2. The Principal Secretary, Department of Finance and Planning, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, G Secretariat 3. The Director of Municipal Administration, Vaddeswaram, Mangalagiri, Guntur, Guntur District. 4. The Engineer-in-Chief, Public Health and Municipal Engineering Department, Tadepalli, Guntur District. 5. The Commissioner, Vinukonda Municipality, Vinukonda, Palnadu District. 6. The Deputy Executive Engineer, Vinukonda Municipality, Vinukonda, Palnadu District. 7. The Junior Accounts Officer, Vinukonda Municipality, Vinukonda, Palnadu District. 8. The Chief Executive Officer, APCFSS, 3 rd Floor, Nidhi Bhavan, Behind APIIC Building, Mangalagiri, Guntur District, Pincode 522503. 9. One CC to Smt. Modapothula Sumalatha, Advocate [OPDC] 10. One CC to M/s. Sireesha Rani Vallatohaneni, SC for Municipalities[OPUC] 11. Two CCs to GP for Municipal Administration and Urban Development, High Court of Andhra Pradesh. [OUT] 12. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT] 13. Two CD Copies ssb ^ ; HIGH COURT DATED:05/08/2025 AMOTi^^ ^ ■ g 2 8 AUG 2025 s. ^ to Current Section , ^ ORDER WP No.20293 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS