i I, APHC010011492025 IN THE HIGH COURT OF ANDHRA PRADESH AT aMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 703 OF 2025 llH * Between: M/s. Sri Rama Lingeswara Constructions, D. No. 10-1-392/2, Opp BVR College, Surendra Nagar, Badvel, Badvel Mandal, YSR Kadapa District, Rep by its Managing Partner, Sri P Malleswara Reddy, S/o. Narayana Reddy, ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Municipal Administration and Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Special Chief Secretary, Finance Department, A.P. Secretariat, Velagapudi, Amaravati, Guntur District. 3. The Pulivendula Municipality, Rep by its Commissioner, Pulivendula, YSR Kadapa District 4. The Municipal Engineer, Pulivendula Municipality, Pulivendula, YSR Kadapa District 5. The Deputy Executive Engineer, Pulivendula Municipality, Pulivendula, YSR Kadapa District 6. The Assistant Pay and Accounts Officer, Works Accounts, Pulivendula YSR Kadapa District Urban Development ...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, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents herein in not refunding the EMD amount of Rs. 7,08,586/- to the petitioner even after completion of work “Pulivendula Municipality- PADA Grants 2023-24 - Laying of CC Roads and Restoration of Damaged Existing CC Roads in Kachivaripalli of Rotarypuram in Pulivendula Municipality” executed vide Agreement No. 110 /2023-24 dt. 15-11-2023 and Pulivendula Municipality- PADA Grants 2023-24- Laying of CC Roads and Restoration of Damaged Existing CC Roads in NDV Colony of Rotarypuram in Pulivendula Municipality executed vide Agreement No. 111/2023-24 dt. 15-11-2023 as illegal, arbitrary, unreasonable, contrary to the terms and conditions mentioned in the agreement and violative of Articles 14, 16 and 21 of Constitution of India and consequently direct the respondents to release and pay the EMD amount of Rs. 7,08,586/- to the petitioner in respect of Agreement No. 110/2023-24 dt. 15-11-2023 and Agreement No. 111/2023-24 dated 15.11.2023 together with interest @ 24% p.a. and costs to the petitioner. 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 to direct the respondents to release and pay the EMD amount of Rs. 7,08,586/- to the petitioner in respect of the work “Pulivendula Municipality- PADA Grants 2023-24 - Laying of CC Roads and Restoration of Damaged Existing CC Roads in Kachivaripalli of Rotarypuram in Pulivendula Municipality” executed vide Agreement No. 110 /2023-24 dt. 15-11-2023 and Pulivendula Mumcipality- PADA Grants 2023-24- Laying of CC Roads and Restoration of Damaged Existing CC Roads in NDV Colony of Rotarypuram in Pulivendula Municipality executed vide Agreement No. 111/2023-24 dt. 15-11-2023 together with interest @24% per annum and costs to the petitioner, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI M SIVA KUMAR Counsel for the Respondent No. 1: gP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent Nos.2 & 6: GP FOR FINANCE & PLANNING Counsel for the Respondent Nos. 3 to 5: SRI G LAKSHMI NARAYANA (SC FOR MUNICIPALITIES) The Court made the following order: APHC010011492025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] •A TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 703/2025 Between: 1. SRI RAMA LINGESWARA CONSTRUCTIONS, AS ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, as ...RESPONDENT 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 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 Counsel for the Petitioner: 1.M SIVA KUMAR Counsel for the Respondent: 1.GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: 2 0' THE HONOURABLE SRI JUSTICE HARINATH.N WRIT petition NO: 703 of 2025 ORDER:- The petitioner is aggrieved by the inaction on the part of the respondents in not refunding of E.M.D. amount of Rs.7,08,586/-. It is submitted that the petitioner executed the works and the payments for the works were also released by the respondents. However, the E.M.D. amount was not released in spite of completion of the liability period. 2. The learned Standing Counsel appearing for the respondent No.3 submits that the work is completed and payments have also been released, except the E.M.D. amount. 3. 4. Considering the submissions that the petitioner has executed the work to the best satisfaction of the respondent Nos.2 to 5 and bills also settled, no purpose would be served for the respondents in retaining the E.M.D. The E.M.D. ought to be released to the petitioner after completion of the work and defect liability period. Even as per clause 3 of the agreement for works, does not entitle the respondents to retain by E.M.D. On this consideration, this Court is of the considered view that the are respondent Nos.2 to 6 should release the E.M.D. to the petitioner within a period of four (04) weeks from the date of receipt of copy of this order. 3 Accordingly, this Writ Petition is disposed of. There shall be no 5. order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- B PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// FFiCER SECTI To, 1. The Principal Secretary to Government, Municipal Administration and Urban Development Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Special Chief Secretary, Finance Department, A.P. Secretariat, Velagapudi, Amaravati, Guntur District. 3. The Commissioner, Pulivendula Municipality, Pulivendula, YSR Kadapa District 4. The Municipal Engineer, Pulivendula Municipality, Pulivendula, YSR Kadapa District 5. The Deputy Executive Engineer, Pulivendula Municipality, Pulivendula, YSR Kadapa District 6. The Assistant Pay and Accounts Officer, Works Accounts, Pulivendula YSR Kadapa District 7. One CC to Sri M Siva Kumar, Advocate [OPUC] 8. One CC to Sri G Lakshmi Narayana (SC for Municipalities) Advocate [OPUC] 9. Two CCs to GP for Muncipal Admn & Urban Dev, High Court of Andhra Pradesh [OUT] 10. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh [OUT] 11. Two CD Copies TF HIGH COURT DATED:22/07/2025 S--' ORDER WP NO. 703 OF 2025 n A m 2n?5 m IS Current Section &/ <^PATCV^^ DISPOSING OF THE W.P., WITHOUT COSTS