APHC010407862025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) i m} TUESDAY, THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 21103 OF 2025 Between: M/s. Sri Vigneswara Constructions, Rep.by. Managing Partner., V. Suresh Reddy S/o V.Ramanjaneya Reddy, Aged 36 years,D.No.25-27, Sanjeeva Nagar, Nandyala, Andhra Pradesh ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Municipal Administration And Urban Development Department, Secretariat Building, Velagapudi, Amaravathi, Guntur. 2. The Executive Engineer, Kurnool Municipal Corporation, Kurnool District. 3. The Superintending Engineer, Kurnool Municipal Corporation, Kurnool District. 4. The Kurnool Municipal Corporation, Rep by its Commissioner, Kurnool, Kurnool District 5. The State of Andhra Pradesh, Rep. by its Principal Secretary Department of Finance Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. ...Respondents ►.ss-v 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, even completing the observation period amouting to. Rs. 29,41,805/- (Rupees twenty Nine Lakhs Forty One Thousand Eight Hundred and Five 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 12%. 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. 29,41,805/- (Rupees Twenty-Nine Lakhs Forty-One Thousand Eight Hundred and Five only) towards payment of deposited amounts for the contract works under taken by the petitioner long back, pending disposal main WP No. of 2025. Counsel for the Petitioner: SRI DEVASRI ROSHAN KANCHARLA Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent Nos. 2 to 4: SRI P VENGALA REDDY (SC FOR MUNICIPAL CORPORATIONS) Counsel for the Respondent No.5: GP FOR FINANCE & PLANNING The Court made the following order: APHC010407862025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3467] TUESDAY,THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 21103/2025 Between: 1.SRI VIGNESWARA CONSTRUCTIONS, REP.BY. MANAGING PARTNER., V. SURESH REDDY S/0 V.RAMANJANEYA REDDY, AGED 36 YEARS,D.NO.25-27, SANJEEVA NAGAR, NANDYALA, ANDHRA PRADESH ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL MUNICIPAL ADMINISTRATION AND SECRETARIAT BUILDING URBAN SECRETARY, DEVELOPMENT DEPARTMENT, VELAGAPUDI, AMARAVATHI, GUNTUR. 2.THE EXECUTIVE ENGINEER, KURNOOL MUNICIPAL CORPORATION, KURNOOL DISTRICT. 3.THE SUPERINTENDING ENGINEER, KURNOOL MUNICIPAL CORPORATION, KURNOOL DISTRICT. 4.THE KURNOOL MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER, KURNOOL, KURNOOL DISTRICT 5.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. ...RESPONDENT(S): 2 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 topleased to issue order or orders, direction or directions. Writ or Writs particularly one in the nature Writ of Mandamous or any appropriate writ declare the action of the respondents in not refunding the deposited amounts as dseposited at the time of contract, as security to under take the works, even completing the observation period amouting to. Rs. 29,41,805/- (Rupees twenty Nine Lakhs Forty One Thousand Eight Hundred and Five 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 12 PERCENT and to pass 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 pleased to direct the respondents to release the amount of Rs. 29,41,805/- (Rupees Twenty-Nine Lakhs Forty-One Thousand Eight Hundred and Five only) towards payment of deposited amounts for the contract works under taken by the petitioner long back, pending disposal main WP No.of 2025 and to pass Counsel for the Petitioner; 1.DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1.GP MUNCIPAL ADMN AND URBAN DEVAP The Court made the following; iT' 3 ( Order:- Learned counsel for the petitioner submits that the petitioner is aggrieved by the inaction on the part of the respondents in refunding the Earnest Money Deposit (EMD) and Final Security Deposit (FSD) amounts. It is submitted that the petitioner has executed works entrusted by the respondents vide Agreement Nos. 01/22-23, dated 08.04.2022; 64/2022-23. dated 18.11.2022; 114/2023-24, dated 31.03.2023; 60/2022-23, 61/2022-23, 62/2022-23, and 63/2022-23, all dated 15.11.2022 and the final bills have been submitted. Further, it is submitted that the competent authority has recorded the progress of the works and certified the same in the M-Book. However, the respondents have so far not released the EMD and FSD amounts totaling Rs.29,41,805/-. Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Municipal Administration and Urban Development; the learned Assistant Government Pleader for Finance & Planning, and the learned Standing Counsel for the respondent-corporation. 2. 3. Considering the submissions, the respondent Nos.2 to 5 are 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. Accordingly, the Writ Petition is disposed of. No costs. Pending miscellaneous petitions, if any, shall stand closed. 4. 5. Sd/- V DIWAKAR DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration And Urban Development Department, Secretariat Building, Velagapudi, Amaravathi, Guntur. r 2. The Executive Engineer, Kurnool Municipal Corporation, Kurnool District. 3. The Superintending Engineer, Kurnool Municipal Corporation, Kurnool District. 4. The Commissioner, Kurnool Municipal Corporation, Kurnool, Kurnool District 5. The Principal Secretary, Department of Finance & Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 6. One CC to Sri Devasri Roshan Kancharla, Advocate [OPUC] 7. One CC to Sri P Vengala Reddy (SC for Municipal Corporations), Advocate [OPUC] 8. Two CCs to GP for Muncipal Admn Urban Dev, High Court of Andhra Pradesh [OUT] 9. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh [OUT] 10. Two CD Copies TF HIGH COURT DATED:! 2/08/2025 ORDER WP NO. 21103 OF 2025 DISPOSING OF THE W.P., WITHOUT COSTS