I APHC010436002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) .3 WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE i PRESENT THE HONOURABLE SRI JUSTICE HARIIMATH.N WRIT PETITION NO: 22816 OF 2025 Between: Sri Madala Siva Manikyala Rao, D.N0.4-7B, Neair Ayyappa Temple, Gollapudi, Vijayawada Rural(M), Vijayawada. ' ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration Department, Velagapudi,Guntur District,A.P. 2. The State of Andhra F’radesh, Rep. by its Principal Secretary, Department of Finance and Planning Velagapudi, Guntur District, A.P. 3. The Directorate of Treasuries and Accounts Floor, C-Block, Anjaneya Towers, Ibrahimpatnam, Krishna DistricI: Rep. By its Director. 4. Pay and Accounts Officer, Works and Accounts, Krishi'na. 5. The Vijayawada Municipal Corporation, Rep. By its Commissioner, Vijayawada, Krishna District. 6. Executive Engineer-Ill, Vijayawada Municipal Corporation, Vijayawada. A.P. Secretariat Buildings, A.P. Secretariat Buildings, ...RESPONDENTS Petition under Article 22^ of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ of Mandamus or any other appropriate writ or order or the action of the respondents in not releasing the refund direction, declaring of EMD and FSD of an amount of Rs.5,41,461/- payable to the petitioner in of the works under agreement 1) 393/2021 dated 02.12.2020 where 1,67,669/- respect and the EMD and FSD deposited is Rs.71,350/- and R:s. 108982/2022 dated 18.06.2022 where the EMD and FSD i-. Igfeement 2) iv Rs. 1,00,000/- and Rs.2,oV,412/-, in total Rs.5,41,461/- despite bills, as illegal, arbitrary. deposited is completion of works and finalising the direct the respondents herein to unconstitutional and consequently immediately pay the due amount petitioner for the above two an interest of @12% per annum. of Rs. Rs.5,41,461/- payable to the works executed under the Ejaid agreements with 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 pending disposal of the writ petition, direct the respondents herein to release refund of EMD and FSD of an amount of Rs.5,4l ,461/- payable to the petitioner in respect of the works under agreement 1) 393/2021 dated. L-"' 02.12.2020 where the EMD and FSD deposited is F^s.71,350/- and Rs. 1,67,669/- and agreement 2) 108982/2022 dated: 18.06.2022 where the EMD and FSD deposited is Rs.1,00':000/- and Rs.2,01,4l2/-, in total Rs.5,41,461/- within a stipulated time frame. Counsel for the Petitioner: SRI A. V. BADRA NAGA SEzSHAYYA Counsel for the Respondent No.1: GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2 to 4:GP FOR FINANCE & PLANNING Counsel for the Respondent Nos.5 & 6:SRI S.V.S.S.SIVARAM, SC FOR VMC ^ The Court made the following order; APHC010436002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) [3457] I.' WEDNESDAY, THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 22816/2025 Between; 1 MADALA SIVA MANIKYALA RAO, D.N0.4-7B, NEAR AYYAPPA GOIIAPUDI, VIJAYAWADA RURAL(M), VIJAYAWADA. ...PETITIONER TEMPLE, AND 1 THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY ADMINISTRATION DEPARTMENT, A.P. SECRETARIAT MUNICIPAL BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT, m.P. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL DEPARTMENT OF FINANCE AND PLANNING, A.P. VELAGAPUDI, GUNTUR DISTRICT, SECRETARY SECRETARIAT BUILDINGS A.P. TREASURIES AND ACCOUNTS, 3RD IBRAHIMPATNAM, 3.THE DIRECTORATE OF C-BLOCK, ANJANEYA TOWERS, FLOOR, KRISHNA DISTRICT REP. BY ITS DIRECTOR. AND ACCOUNTS OFFICER, WORKS AND ACCOUNTS 4. PAY KRISHNA. 5.THE VIJAYAWADA COMMISSIONER, . MUNICIPAL CORPORATION, REP. BY ITS VIJAYAWADA, KRISHNA DISTRICT. VIJAYAWADA MUNICIPAL ENGINEERILL, CORPORATION, VIJAYAWADA. 6. EXECUTIVE ,..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 to issue writ of Mandamus or any other appropriate writ or order or direction, declaring the action of the respondents in not releasing the refund of EMD and PSD of an amount of Rs.5,41,461/- payable to the petitioner in respect of the works under agreement 1) 393/2021 dated 02.12.2020 where the EMD and FSD deposited Rs. 1,67,669/-is Rs ,,71,350/- and and agreement 2) 108982/2022 dated 18.06.2022 where the EMD and FSD deposited is Rs. 1,00.000/- and Rs.2,01,412/-, in total R,:5.5,41,461/- despite completion of works and finalising the unconstitutional and consequently immediately pay the due amount bills. as illegal, arbitrary, direct the respondents herein to of Rs. Rs.5,41,461/- payable to the petitioner for the above two works executed under the said agreements with an interest of @12PERCENT per annum and pass lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the c rcumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Pleased, pending disposal of the writ petition, direct the respondents herein to release refund of EMD and FSD of an amount of Rs.5,41,461/- payable to the petitioner in respect of the works under agreement 1) 393/2021 dated: 02.12.2020 where the EMD and FSD deposited is F^s.71,350/- and Rs. 1,67.669/- and agreement 2) 108982/2022 dated: 18.06.2022 where the EMD and FSD deposited is Rs.1,00,000/- and Rs.2,01,412/-, in total Rs.5,41,461/- within a stipulated time frame and may pass Counsel for the Petitioner: 1 .A V BADRA NAGA SESHAYYA Counsel for the Respondent{S): 1.GP FOR MUNCIPAL ADMN URBAN DEV 2.S.V.S.S.SIVARAM SC ForVMC 3.GP FOR FINANCE PLANNING The Court made the following: 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 ( =SD) amounts. It is submitted that the work was completed as entrusted by the respondents, and submitted that the competent the final bills have been submitted. Further, it is has recorded the progress of the work and certified the same in the authority M-Book. However, the respondents have FSD amounts totaling Rs. 5,41,461/-. Heard the learned counsel for the petitioner, the learned Assistant Municipal Administration and Urban Development, Government Pleader for Finance and Planning, the submissions, the respondents are hereby directed to far not released the EMD and so 2. Government Pleader for and the learned Assistant Considering the EMD and FSD amounts to the petitioner within a period of six (0 weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed off. No costs. 3. a\ release 4. Pending miscellaneous petitions, if any, shall stand dosed. 5. Sdl- M. PRABHAKAR RAO ASSISTANT REGj^TRAR //true copy// SECTION OFFICER To, Administration Department, State of Velagapudi, Guntur Principal Secretary, Municipal Andhra Pradesh, A.P. District, A.P. 2. The Principal Secretary, Department of Finance a Andhra Pradesh, A.P, Secretariat Buildings, District, A.P. 3. The Director, Directorate of Treasuries Towers, Ibrahimpatnam, Krishna District. 1. The Secretariat Buildings, nd Planning, State of Velagapudi, Guntur rd Floor, C- and Accounts, 3 Block, Anjaneya 4. Pay and Accounts Officer, Works and Accounts, Knsfina. 5. The Commissioner, Vijayawada Municipal Corporation, Vijayawada, Krishna District. 6. The Vijayawada. Executive Engineer-Ill, Vijayawada Municipal Corporation, 7. One CC to Sri A. V. Badra Naga Seshayya, Advocate [OPUC] One CC to Sri S.V.S.S.Sivaram, SC for VMC [OPSJC] 9. Two CCs to GP for Municipal Administration and Urban 8. Development High Court of Andhra Pradesh. [OUT], - 10. Two CCs to GP for Finance and Planning High Court of Andhra Pradesh [OUT] 11. Two CD Copies. ssb HIGH COURT DATED;03/09/2025 ORDER WP No. 22816 OF 2025 17 SEP 2025 )S) /co' rrentSectjoj^ o K.B disposing OF THE W.P. WITHOUT COSTS