SRI SRI VIGNESWARA CONSTRUCTIONS v. THE STATE OF ANDHRA PRADESH
WP/24246/2025 · 2025-09-14
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 30707 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 30707 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1 W.P. No.24246 OF 2025 Date of order: 15.09.2025
APHC010443242025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 24246/2025 Between: Sri Sri Vigneswara Constructions ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. THANDAVA YOGESH Counsel for the Respondent(S):
1. GP MUNCIPAL ADMN AND URBAN DEV AP
The Court made the following:
2 W.P. No.24246 OF 2025 Date of order: 15.09.2025
THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.24246 OF 2025
ORDER:
1. This writ petition has been filed aggrieved by the action of the respondents not closing the contract and also not releasing of the deposits under agreement No.12/2-17-18, dt.30.10.2017.
2. Heard the submissions of the learned counsel for the petitioner, the learned standing counsel for the Corporation, the learned Government Pleader for Municipal Administration & Urban Development and the learned Government Pleader for Finance & Planning.
3. The learned counsel for the petitioner submits that the 3rd respondent entrusted certain work to the petitioner, which was to be executed within the jurisdiction of the 5th respondent, under the contract vide agreement No.12/2-17-18, dt.30.10.2017. However, on account of various reasons, the petitioner requested the 3rd respondent to terminate the contract and release the Earnest Money Deposit (EMD) and the Final Security Deposit (FSD) besides the payment of bills for work already executed. It is further submitted that the 3rd respondent, in turn, communicated to respondents 1 and 2 on 26.07.2024, for passing necessary orders of rescinding the contract. However, no action has been taken by respondents 1 and 2 so far.
3 W.P. No.24246 OF 2025 Date of order: 15.09.2025
4. The learned standing counsel for the 5th respondent submits that insofar as the release of payments, settling bills and closure of contract is concerned, it is for respondents 1 to 4, who are the competent authorities and that works were only executed within the municipal limits.
5. The learned counsel for the petitioner further submits that for release of bills, the petitioner filed W.P. No.21781 of 2022. The said writ petition was disposed of with a direction to the 3rd respondent therein to upload the bills relating to the sum of Rs.3,36,13,183/- in the CFMS portal within two (02) weeks from the date of the order. After the said bills are uploaded in the CFMS portal, the 2nd respondent therein is directed to clear the said bills and pay a sum of Rs.3,36,13,183/- to the petitioner within eight (08) weeks from the date of uploading the said bills in the CFMS portal. Further, on account of non-compliance with this Court’s directions, the petitioner has also filed C.C. No.3044 of 2023.
6. Under these circumstances, there is no justification for the failure of the 2nd respondent to rescind the contract as recommended by the 3rd respondent and release the EMD and FSD amounts. Considering the
submissions and also considering the communication dated 26.07.2024 addressed by the 3rd respondent to respondents 1 and 2, there shall be a direction to respondents 1 to 3 to pass appropriate orders duly rescinding the contract of the petitioner. It is also made clear that EMD and FSD deposits made by the petitioner shall also be released within
4 W.P. No.24246 OF 2025 Date of order: 15.09.2025
a period of eight (08) weeks from the date of receipt of a copy of this
order.
7. Accordingly, the writ petition is disposed of. No costs.
8. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. ____________________ JUSTICE HARINATH.N BV