[3328 ] COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY ,THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE IN THE HIGH PRESENT HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 24004 OF 2024 THE Between: ■V Engind4ri^'& Contractors, Rep. by its authorized Srinivasa Balia, S/o. Siva Kumar Balia, Aged about 35 M/s.M.A. Waheed representative years, Occ Business, R/o. LIG, Dharma Reddy Colony, Phase-1, KPHB > \ \ Colony, Hyderabad, Telangana. ...PETITIONER AND State of Andhra Pradesh, Rep., by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The State of A.P, rep., by its Principal Secretary, Finance Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. Chief Engineer-IV, RWS&S Department, C-Block, Vasudha Towers, Saipuram Colony, Gollapudi, Vijayawada, Krishna District. 4. The District Collector, Kurnool District, Kurnool. 1. The 3. The 5. The Superintending Engineer; (RWS Kurnool District. 6. The Executive Engineer; (RWS & S), Adoni Division, Adoni, Kurnooi TiOistrict. 7. The beputy Executive EngineeTi RWS & S), Adoni Kurnool District. 8. The Assistant Executive Engineer,, (RWS & S) sub-division, Adoni, Kurnool District. & S), Kurnool Circle, Kurnool. Sub-Division, Adoni, ...RESPONDENTS Petition under Article 226 of the Constitution of that in the circumstances stated' Court may be pieased to issue an appropriate order or direction particuiariy one in the nature of yVrit of Mandamus India is filed praying in the affidavit filed therewith, the High -•i.' more A) to declare the action on the part of the respondents in withhoiding a sum of Rs.9,59,527/- (Rupees Nine Eakfis Fifty-Nine Thousand Five Hundred Twenty-Seven Oniy) which is due towards the Earnest Money Deposit(EMD) and Further Security Deposit (FSD) in respect of the Work Agreements Nos. Nil/2017-18, dated 22.10.2017 entered into by the respondent No.5 for ' (Phase-ll) in Kowthalam completion of the Defect Liability period of the work and after completion on 03.09.2020; CPWS scheme to kowthaiam. and,other habitations Mandal, Kurnool District, evenafter Of three years from the date of completion pf the Vigilance and Quality Controt checks B) to declare the inaction Rs.9,59,527/- (Rupees Nine Lakhs Twenty-Seven Only) out of Rs. respondents in releasing a sum of Fifty-Nine Thousand Five Hundred 1.44,6§,769/- (Rupees One Crore Forty-Four Lakhs Sixty-Six Thousand Seven Sixty-Nine the respondents to Only), evenafter, direction to pay the entire amount due to the petitioner vide Order, dated 12.10.2022 made in W.P.No.24201 of2022 passed by the Honble High Court of Andhra Pradesh, at Amaravati and also after the lapse of four (4) years from the period of completion of the said work; as arbitrary, illegal, colourable exercise of power, abdication of the statutory duty cost on them and contrary to the well-established legal principles apart from being violative of the fundamental rights guaranteed to the petitioner under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents to pay an amount of Rs.9,59,527/- (Rupees Nine Lakhs Fifty-Nine thousand Five Hundred Twenty-Seven Only) which is due towards the Earnest Money Deposit(EMD) and Further Security Deposit (FSD) in respecf Bfthe Work Agreements Nos. Nil/2017- 18, dated 22.10.2017 entered Hrft6 by the respondent No.5 for CPWS scheme to kowthalam and otheH^ habitations (Phase-ll) in Kowthalam Mandal, Kumool District, for the faclB and circumstances stated hereunder. iA NO: 1 OF 2024 Petition under Section-151 CPC is filed praying that in the Circumstances stated in the affidaN^t filed in support of the petition, the High Court may be pleased to difdct-* the respondents to pay a sum of Rs.9,59,527/- (Rupees Nine Lakhb Fifty-Nine Thousand Five Hundred Twenty-Seven Only which is dud''towards the ‘Earnest Money Deposit’ (EMD) and ‘Further Security Ddpbsit’ (FSD) in respect of the Work Agreements Nos. Nil/2017-18, 'altted 22.10.2017 entered into by the respondent No.5 for CPWS scherfid to kowthalam and other habitations (Phase-ll) in Kowthalam Mandll.’ Kurnbol District. ^ Counsel for the Petitioner(s):SRl V R REDDY KOWURI Counsel for the Respondents: CR FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondents: C3F’ FOR FINANCE PLANNING The Court made the following 5 1 APHC010444542024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] 0^ THURSDAY ,THE EIGHTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI PRASAD WRIT PETITION NO: 24QQ4/?n?4i RAMAKRISHNA Between: 1.M A WAHEED ENGINEERS AND CONTRACTORS REP BY ITS representative SRINIVASA BALIA, S/0. SIVA about 35 YEARS, OCC BUSINESS, R/0. LIG TELANGANA ^ ^^^ONY, HYDERABAD.’ ...PETITIONER AND 1.THE STATE GOVERNMENT OF ANDHRA PRADESH PRINCIPAL - DEVELOPMENT RER, BY ITS rural BUILDINGS, SECRETARY, PANCHAYAT RAJ AND DEPARTMENT. SECRETARIAT VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2.THE STATE OF A P. . REP. BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT. SECRETARIAT BUILDINGS VeSgAPUdI’ AMARAVATI. GUNTUR DISTRICT. VELAGAPUDI. 3.THE CHIEF ENGINEERIV. RWS AND TOWERS. VIJAYAWADA, KRISHNA DISTRICT 4.THE DISTRICT COLLECTOR, KUMOOL DISTRICT, KUMOOL. 5.THE SUPERINTENDING ENGINEER. (RWS CIRCLE, KUMOOL, KUMOOL DISTRICT. 6.THE EXECUTIVE ENGINEER, (RWS AND ADONI, KUMOOL DISTRICT. 7.THE DEPUTY EXECUTIVE ENGINEER, RWS AND S). ADONI SUB- S DEPARTMENT. C-BLOCK. COLONY, GOLLAPUDI, VASUDHA SAIPURAM AND S), KUMOOL S), ADONI DIVISION. 2 DIVISION. ADONI, KUMOOL DISTRICT. 8.THE ASSISTANT EXECUTIVE ENGINEER. (RWS DIVISION. ADONI. KUMOOL DISTRICT AND S) SUB- ...RESPONDENT(S): Counsel for the Petitioner: 1.VR REDDY KOWURI Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR FINANCE PLANNING The Court made the following: ORAL ORDER: Heard Sri V.R. Reddy Kovvuri, learned Counsel for the Writ Petitioner and Sri P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj. Sri P. Rajesh Kumar. Learned Assistant Government Pleader for Panchayat Raj has submitted the Written Instruction furnished by the Executive Engineer, RWS&S Division. Adoni, dated 07.05.2025. Copy of it is served on the Counsel for the Writ Petitioner as well. This Written Instruction is taken on record. The relevant portion of the said Written Instruction is usefully extracted hereunder; 2. “The v/ork CPWS Scheme to kowthalam & other habitations (Phase-ll) defect liability period is 60 months as per agreement condition i.e.. upto 21.10.2023.The EMD & PSD amount of Rs. 9.59,527/- was in PD admin: 09022202056 - O/o Executive Engineer. RWS&S Division. Adoni. But when the petitioner applied for payment of EMD&FSD after defect liability period, the amount was lapsed by 31.03.2023. In this regard vide Rc.No.139/SDP/Dy.So.(1)/2023. dt:11.12.2023 a letter was addressed from the Collector & District Magistrate. Kurnool to the Secretary to government. Planning Department duly requesting to release the amount of Rs.9.59.527/- which was lapsed in PD Account of EE. RWS&S Division. Adoni. The 3 amount will be paid to the Petitioner after release of amount from the Higher Authorities.” 3. The above extract would indicate that the Official Respondents have admitted to the fact that the Official Respondents are holding an amount of Rs.9,59,527/- in the form of Earnest Money deposited by the Writ Petitioner is also stated that vide Letter dated 11.12.2023 . It addressed by the Collector & to the Secretary to Government, Planning Department, duly requesting to release the said amount. It is stated that, due request for release of the amount District Magistrate. Kurnool to the end of the Financial Year 2024-25, the has lapsed. 4. Having considered the above circumstances, this Court deems it appropriate to direct the Official Respondents to inter-Departmental Administrative | coordination between the Departments within today and transfer the admitted within two weeks thereafter. With these observations allowed. No order as to costs. 6. Interlocutory Applications, if any, stand closed i complete all process by way of cooperation j a period of eight weeks from amount to the Bank Account of the Petitioner and 5. and directions, this Writ Petition stands terms ^this order. in V Sd/- SHAIK MOHD. RAFII ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To. 1. One CC to SRI. V R REDOfMWURI Advocate 2. Two CCs to GP FOR PAMGRAYAT RAJ Andhra Pradesh. [OUT] 3. Two CCs to GP FOR FINANCE PLANNING Pradesh. [OUT] 4. Three CD Copies [OPUC] RURAL DEV .High Court Of High Court Of Andhra HIGH COURT DATED:08/05/2025 ORDER WP.No.24004 of 2024 I ?5 m: 2025 ^ Current Section THE WRIT PETITION IS ALLOWED WITHOUT COSTS