/ APHC010418722025 s IN THE HIGH COURT OF ANDHRA PRADE^ AT AMARAVATI (Special Original Jurisdiction) i WEDNESDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N^ WRIT PETITION NO: 21374 OF 2025 Between: Shaik Jani, S/o. Syaida Saheb, aged about 47 years, R/o.D.No.8-22-57, 2 Lane, Sitarama Nagar, Guntur, Guntur District. nd ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Municipal Administration and Urban Development Department Tullur Mandal, Guntur Secretariat Buildings, Velagapudi Village, District. 2. The Guntur Municipal Corporation, Rep. by its Commissioner, Guntur, Guntur District. 3. The Superintending Engineer, Guntur Municipal Corporation, Guntur, Guntur District. 4. The Executive Engineer, Guntur Municipal Corporation, Guntur, Guntur District. 5. The Deputy Executive Engineer, Guntur Municipal Corporation, Guntur, Guntur District. 6. The Assistant Executive Engineer, Guntur Municipal Corporation, Guntur, Guntur District. 7. The Junior Technical Officer, Guntur Municipal Corporation, Guntur, Guntur District. I 8. The Head Drafts Man. Guntur Municipal Corporation, Guntur, Guntur District. 9. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance and Planning Department, Secretariat Buildings, Velagapudi Village Tullur Mandal, Guntur District. ...Respondents^ Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Orders more particularly one in the nature of Writ of Mandamus declaring the action of Respondents in not paying the Earnest Money Deposit (EMD) for an amount of Rs.45,251/- and the Further Security. Deposit (FSD) for an amount of Rs.96,437/-, totaling an amount of Rs. 1,41,688/-, in respect of the agreement entered with the 3 rd Respondent through Agreement No.S.E./G.M.C/GNT/Agt.No.30/2021-22 , dated 20.10.2021, for the execution of work of filling the low level area of Gandhi Park with gravel as a part of renovation work under A.E-V, Section- LLR, being illegal, arbitrary and violation of Article;6>14. 19(1)g and 21 of the Constitution of India and Consequently direct the Respondents forthwith to pay the Earnest MoPney Deposit (EMD) for an amount of Rs.45,251/- and the Further Security Deposit (FSD) for amount of Rs. 1,41,688/-, in respect of the agreement entered with the 3 Agreement No.S.E./G.M.C/GNT/Agt.No.30/2021-22 an amount of Rs.96,437/-, totaling an rd Respondent through dated 20.10.2021, for the execution of work of filling the low level area of Gandhi Park with gravel as a part of renovation work under A.E-V, Section- LLR. lA NO: 1 OF 2025 is filed 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 pay the Earnest Money Deposit (EMD) for an amount of Rs.45,251/- and the Further Security Deposit (FSD) for an amount of Rs.96,437/-, totaling an amount of Rs. 1,41,688/-, in , Petition under Section 151 CPC respect of the agreement entered with the 3'"^ Respondent through Agreement No.S.E../G.M.C/GNT/Agt.No.30/2021-22, dated 20.10.2021, for the execution of work of filling the low level area of Gandhi Park with gravel as a part of renovation work under A.E-V, Section-LLR. Counsel for the Petitioner: MADHAVA RAO NALLURI^ Counsel for the Respondent No.1; GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent No’s. 2 to 8: SRI A S C BOSE SC FOR - MUNICIPAL CORPORATION Counsel for the Respondent No. 9 :GP FOR FINANCE PLANNING The Court made the following order: APHC010418722025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 21374/2025 Between: 1.SHAIK JANI, S/O.SYAIDA SAHEB, AGED ABOUT 47 YEARS, R/O.D.NO.8-22-57, 2ND LANE, SITARAMA NAGAR, GUNTUR, GUNTUR DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEVELOPMENT DEPARTMENT MUNICIPAL ADMINISTRATION AND URBAN SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE, TULLUR MANDAL, GUNTUR DISTRICT. 2.THE GUNTUR MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, GUNTUR, GUNTUR DISTRICT. 3.THE SUPERINTENDING ENGINEER, GUNTUR MUNICIPAL CORPORATION,GUNTUR, GUNTUR DISTRICT. 4.THE EXECUTIVE ENGINEER, GUNTUR MUNICIPAL CORPORATION, GUNTUR, GUNTUR DISTRICT. 5.THE DEPUTY EXECUTIVE ENGINEER, GUNTUR MUNICIPAL CORPORATION, GUNTUR, GUNTUR DISTRICT. 6.THE ASSISTANT EXECUTIVE ENGINEER, GUNTUR MUNICIPAL CORPORATION, GUNTUR, GUNTUR DISTRICT. 7.THE JUNIOR TECHNICAL OFFICER, GUNTUR MUNICIPAL CORPORATION, GUNTUR, GUNTUR DISTRICT. 2 8.THE HEAD DRAFTS MAN, GUNTUR MUNICIPAL CORPORATION GUNTUR, GUNTUR DISTRICT. 9.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE MANDAL, GUNTUR DISTRICT. FINANCE AND PLANNING DEPARTMENT, TULLUR ...RESPONDENT(S): Counsel for the Petitioner: 1.MADHAVA RAO NALLURI 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 petitioner is aggrieved by the action of the respondents in not releasing the Earnest Money Deposit (EMD) and Further Security Deposit (FSD) inspite of settling the bills due payable to the petitioner. 2. The learned counsel for the petitioner submits that the petitioner filed W.P.No.41206 of 2022, whereby this Court directed the respondents to release the payments due to the petitioner within a period of six weeks. The said order was passed on 15.02.2023. It is further submitted that inspite of release of the final bills, the EMD and FSD amounts are yet to be released. It is also submitted that the defect liability period is also over. However, the bills are not released. 3. Heard the learned counsel for the petitioner, the learned Standing Counsel appearing for respondent Nos.2 to 8 and the learned Assistant Government Pleader appearing for respondent Nos.1 and 9. Considering the submissions, there is no reason for retaining the EMD and FSD after completion of work and after settlement of bills. On these considerations, the writ petition is disposed off, directing the respondent authorities to verify and release the EMD and FSD which held by the respondents within a period of four (04) weeks from the date of receipt of a copy of this order. 4. 4 4 Accordingly, the Writ Petition is disposed of. There shall be no order as 5. to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- M. RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Development Department, Municipal Administration and Urban State of Andhra Pradesh, Secretariat Buildings, Velagapudi Village, Tullur Mandal, Guntur District. 2. The Commissioner, Guntur Municipal Corporation, Guntur, Guntur District. 3. The Superintending Engineer, Guntur Municipal Corporation, Guntur, Guntur District. 4. The Executive Engineer, Guntur Municipal Corporation, Guntur, Guntur District. 5. The Deputy Executive Engineer, Guntur Municipal Corporation, Guntur, Guntur District. 6. The Assistant Executive Engineer, Guntur Municipal Corporation; Guntur, Guntur District. 7. The Junior Technical Officer, Guntur Municipal Corporation Guntur District. 8. The Head Drafts Man, Guntur Municipal Corporation, Guntur, Guntur District. Guntur 9. The Secretary, Finance and Planning Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi Village Tullur Mandal, Guntur District. One CC to SRI. MADHAVA RAO NALLURI, Advocate [OPUC] One CC to SRI A S C BOSE, SC FOR MUNICIPAL CORPORATION [OPUC] Two CCs to GP FOR MUNCIPAL ADMN URBAN DEV High Court of Andhra Pradesh [OUT] Two CCs to GP FOR FINANCE PLANNING High Court of Andhra Pradesh [OUT] Three CD Copies 10. 11. 12. 13. 14. PRK HIGH COURT DATED:13/08/2025 ORDER WP NO. 21374 OF 2025 ^ 0 9 SEP 2025 DISPOSING OF THE WP, WITHOUT COSTS