APHC010416882025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ^s TUESDAY,THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 2172« OF 2025 Between: 1. B. Mahabob Basha, S/o. Noor Ahmed, Aged about 60 Contractor-Class-ll, Street, Kurnool, Kurnool District. 2. Shaik Mohammad Shoaib, S/o. Mahabob Basha, Aged about 35 Civil Contractor- Class-Ill, H. N0.25/35A, Zinda Bhai Masjid, Gani Galli Street, Kurnool, Kurnool District. years. Civil Gani Galli H. N0.25/35A, Zinda Bhai Masjid, years. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Secretariat Buildings, Velagapudi, Guntur District. 2. The Kurnool Municipal Corporation, Rep. by its Commissioner Peta, Kurnool, Kurnool District, Andhra Pradesh- 518004. 3. The Executive Engineer, Kurnool Municipal Corporation. 4. Accounts Officer, Kurnool Municipal Corporation. 5. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance and Planning Department, Secretariat Buildings, Velagapudi, Guntur District Development Department N. R. ...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 refunding the EMD and FSD amounts of Rs.2,85,583/- and Rs.3,04,217/- to the petitioner and the EMD and FSD amounts of Rs. 1,74,711/- and Rs. 1,86,752/- to the 2nd respectively, inspite of completion of the defect liability period, with respect to the works mentioned in para no.3 is questioned, arbitrary and consequently, direct the respondents to refund the EMD FSD amounts of Rs.2,85,583/- and Rs.3,04,217/- to the 1st petitioner and the EMD and FSD amounts of Rs. 1,74,711/- and Rs. 1,86,752/- in favour of the 2nd petitioner, respectively, with interest @ 12percent per annum for delayed payment, forthwith. lA NO: 1 OF 2025 petitioner as the same is illegal and 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 refund the EMD and FSD amounts of Rs.2,85,583/- and FSD amounts of Rs. petitioner, respectively, with respect para no.3, forthwith, pending disposal of the Writ and Rs.3,04,217/- to the 1st petitioner and the EMD 1,74,711/- and Rs.1,86,752/- to the 2nd to the works mentioned in Petition. Counsel for the Petitioners: SRI Y V S S DHARANEESH Counsel for the Respondent No. 1: GP MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent Nos. 2 to 4: SRI P VENGAL REDDY SC MUNICIPAL CORPORATION Counsel for the Respondent No. 5:GP FOR FINANCE PLANNING The Court made the following order: FOR 'S' ^ APHC010416882025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 21728/2025 Between: 1.B. MAHABOB BASHA S/0. NOOR AHMED, AGED ABOUT 60 YEARS, CIVIL CONTRACTOR- CLASS-II, H. N0.25/35A, ZINDA BHAI MASJID, GANI GALLI STREET, KURNOOL, KURNOOL DISTRICT. 2.SHAIK MOHAMMAD SHOAIB, S/0. MAHABOB BASHA, AGED ABOUT 35 YEARS. CIVIL CONTRACTOR- CLASS-ILL, H. N0.25/35A, ZINDA BHAI MASJID, DISTRICT. GANI GALLI STREET, KURNOOL, KURNOOL ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEVELOPMENT DEPARTMENT, VELAGAPUDI, GUNTUR DISTRICT. 2.THE KURNOOL MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER N. R. PETA, KURNOOL, KURNOOL DISTRICT, ANDHRA PRADESH- 518004. 3.THE EXECUTIVE ENGINEER, KURNOOL MUNICIPAL CORPORATION. MUNICIPAL ADMINISTRATION AND URBAN SECRETARIAT BUILDINGS, 4.ACCOUNTS OFFICER, KURNOOL MUNICIPAL CORPORATION. 5.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL FINANCE AND PLANNING DEPARTMENT, SECRETARY, 2 W.P. No.21728of 2025 Date of order: 19.08.2025 ' SECRETARIAT BUILDINGS, VELAGAPUDI, 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 topleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in not refunding the EMD and FSD amounts of Rs.2,85,583/- and Rs.3,04,217/- to the petitioner and the EMD and FSD amounts of Rs. 1,74,711/- and Rs. petitioner, respectively, inspite of completion of the defect liability period, with respect to the works mentioned in para no.3 is questioned, as the same is illegal, arbitrary and consequently, direct the respondents to refund the EMD and FSD amounts of Rs.2,85,583/- and Rs.3,04,217/- to the 1st petitioner and the EMD and FSD amounts of Rs. 1,74,711/- and Rs. 1,86,752/- in favour of the 2nd petitioner, respectively, with interest @ 12percent per annum for delayed payment, forthwith and pass lA NO: 1 OF 2025 1,86,752/- to the 2nd 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 refund the EMD and FSD Rs.2,85,583/- and Rs.3,04,217/- to the 1st petitioner and the EMD amounts of Rs. 1,74,711/- and Rs.1,86,752/- to the 2nd amounts of and FSD petitioner, respectively, with respect to the works mentioned in para no.3, forthwith, pending disposal of the Writ Petition and pass Counsel for the Petitioner(S): 1.Y VS S DHARANEESH Counsel for the Respondent(S): 1.GP MUNCIPAL ADMN AND URBAN DEV AP 2.GP FOR FINANCE PLANNING The Court made the following: 3 W.P. No.21728of 2025 Date of order; 19.08.2025 THE HON’BLE SRI JUSTICE HARINATH.N ■ WRIT PETITION No.21728 OF 2025 ORDER: 1. The learned counsel for the petitioners submits that the petitioners have completed the works to the satisfaction of the 2"'^ respondent. It is further submitted that the bills payable to the petitioners have been released by the 2^^ respondent and that the works were completed in the year 2023. It is also submitted that the 1®* petitioner has completed 11 works and the 2"'^ petitioner has completed 23 works. However, the Earnest Money Deposit (EMD) and Final Security Deposit (FSD) i . \ amounts, which were initially deposited, have not yet been released in spite of the completion of the defect liability period. It is further submitted that there is no reason for the 2"^ respondent to withhold the EMD and FSD amounts after having released the final bills. 2. Heard the submissions of the learned counsel for the petitioners, the learned Assistant Government Pleader for Municipal Administration & Urban Development appearing for respondent No.1, the learned standing counsel for respondents 2 to 4, and the learned Assistant Government Pleader for Finance & Planning appearing for respondent No.5. 3. Considering the submissions, there shall be a direction to respondents 2, 4, and 5 to release the EMD and FSD amounts which are withheld by 4 W.P. No.21728of2025 bate of order: 19.08.2025 the respondents, within a period of four (04) weeks from the date of» receipt of a copy of this order. 4. With the above, the writ petition is disposed of. There shall be no order as to costs. 5. Miscellaneous petitions, if any, pending in this wrK petition shall stand Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR closed. //TRUE COPY// // SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration and Urban Development Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District. 2. The Commissioner, Kurnool Municipal Corporation, N. R. Peta, Kurnool, Kurnool District, Andhra Pradesh- 518004. 3. The Executive Engineer, Kurnool Municipal Corporation. 4. The Accounts Officer, Kurnool Municipal Corporation. 5. The Principal Secretary, State of Andhra Pradesh, Finance and Planning Department, Secretariat Buildings, Velagapudi, Guntur District 6. One CC to Sri. Y V S S Dharaneesh Advocate [OPUC] 7. One CC to Sri. P Vengal Reddy SC for Municipalities [OPUC] 8. Two CCs to GP For Finance Planning, High Court of Andhra Pradesh [OUT] 9. Two CCs to GP For Municipal Admin and Urban Development, High Court of Andhra Pradesh [OUT] Two CD Copies 10. GSC HIGH COURT DATED:19/08/2025 m' ORDER WP NO. 21728 OF 2025 C3\ *( 0 8 SEP 2025 ) <» disposing the WP WITHOUT COSTS