*^AP»^C010460142025 IN THE HIGH COURT OF ANDHRA PRADE^' AT AMARAVATI (Special Original Jurisdiction^^"^ WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23423 OF 2025 Between; Venkateswara Rao Kesanakurti, S/o Veera Bhadra Rao, Aged 55 years, D.No.57-09-27, Tillapudivari Lane, Durga Temple, Jagannadapuram, Kakinada, East Godavari District. ^ ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Urban Development Department, Municipal Administration And Secretariat Building, Velagapudi, Amaravathi, Guntur. 2. Municipal Corporation Kakinada, Rep. by its Commissioner, Kakinada Kakinada District. ' 3. Municipal Corporation Kakinada, Rep. by its Executive Engineer, Kakinada District. 4. The District Collector, Kakinada District. 5. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. ...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 order or orders, direction or directions. Writ or Wrjis - particularly one in the nature Writ of Mandamus or any appropriate writ declare the action of the respondents in not refunding the deposited amounts as deposited at the time of contract, as security to under take the works, even / pompleting the observation period amounting to. Rs. 11,70,100/- (Rupees Lakhs Seventy Thousand One Hundred Only) to the petitioner with till the date Of refund from the date of completion of respective .. ;•> ■ ■ periods as illegal, arbitrary violation of principles of natural justice and violative of Article 14, 19(i)(g), 21 of the Constitution of India, consequently direct the respondents to release and repay the deposited amounts for the above works immediately with interest of 12%. 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 the amount of Rs. -1 -1 ,/0,i00/- (Rupees Eleven Lakhs Seventy Thousand One' Hundred Only) towards payment of deposited amounts for the contract works under taken by the petitioner long back, pending disposal of main Writ Petition. Counsel for the Petitioner; SRI DEVASRI ROSHAN KANCHARLA Counsel for the Respondent No.1 :GP FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT Counsel for the Respondent Nos.2 & 3:SRI M. KRISHNA RAO, SC FOR KMC Counsel for the Respondent No.4: GP FOR REVENUE Counsel for the Respondent No.5:GP FOR FINANCE PLANNING The Court made the following order: ■^PH^iOl 0460142025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23423/2025 Between; 1.VENKATESWARA RAO KESANAKURTI, S/0 VEERA BHADRA RAO, AGED 55 YEARS, D.NO.57-09-27, TILLAPUDIVARI LANE, DURGA TEMPLE, JAGANNADAPURAM, KAKINADA, EAST GODAVARI DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL MUNICIPAL ADMINISTRATION AND SECRETARIAT BUILDING, URBAN SECRETARY, DEVELOPMENT DEPARTMENT. VELAGAPUDI, AMARAVATHI, GUNTUR. 2.MUNICIPAL CORPORATION KAKINADA, REP.BY ITS COMMISSIONER, KAKINADA KAKINADA DISTRICT. 3.MUNICIPAL CORPORATION KAKINADA, REP.BY ITS EXECUTIVE ENGINEER, KAKINADA DISTRICT. 4.THE DISTRICT COLLECTOR, KAKINADA DISTRICT. 5.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL DEPARTMENT OF FINANCE AND PLANNING, SECRETARY SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. ...RESPONDENT{S): 2 Petition under Article 226 of the Constitution Circumstances stated i pleased to issue . of India praying that th the - in the affidavit filed therewith, the High Court may be nprtio I I ^''"^otion or directions. Writ or Writs particularly one in the nature Writ of Mandamous nr oov pjsnssl 14, 19(i)(g), 21 of the Constitution of India respondents to release and repay the deposited immediately with interest of 12percent consequently direct the amounts for the above works i pass and to jA NO: 1 OF 709^ Pleas^H"'^" "PPOrtonL"pS^hr'^pco^r^'^^^^ leased to direct the respondents to release the . (Rupees Eleven Lakhs Seventy Thousand One payment of deposited amounts for the petitioner long back, pending disposal of may be pleased amount of Rs. 11.70,100,/- Hundred Only) towards contract works under taken by the main WP No. of 2025 and to pass Counsel for the Petitioner: 1.DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP MUNCIPAL ADMN AND URBAN 3.GP FOR FINANCE PLANNING The Court made the following: DEV AP 3 Order: - Learned counsel for the petitioner submits that the petitioner participated in the tender process for execution of works floated by the 3^^ respondent. It is submitted that the petitioner paid the EMD for executing the contract; however, the 3'"' respondent did not award the contract to the petitioner. The petitioner participated in as many as 62 various bids and, in compliance with the bid conditions, paid the requisite EMD amounts. It is further submitted that though the bids were awarded to some other contractors, the EMD amounts paid by the petitioner have not yet been released. 2. Heard the learned counsel for the petitioner and the learned Standing Counsel for the respondent Nos.2 and 3. Recording the submissions, this writ petition is disposed off and there shall be a direction to the respondent Nos.2, 3, and 5 to verify and release the EMD amounts due and payable to the petitioner as expeditiously as possible, preferably within a period of four (04) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. 3. 4. 5. Pending miscellaneous petitions, if any, shall stand cloisAd. Sd/-VDIWAKAR deputy R^GISTR^ Officer //TRUE COPY// SECT To, 1. The Principal Secretary, Municipal Administration and Urban Development Department, State of Andhra Pradesh, Secretariat Building, Velagapudi, Amaravathi, Gujitur. 2. The Commissioner, Municipal Corporation Kakinada, Kakinada Kakinada District. 3. The Executive Engineer, Municipal Corporation Kakinada, Kakinada District. 4. The District Collector, Kakinada District. 5. The Principal Secretary, Department of Finance and Planning, State of Andhra Pradesh, Secretariat Buildings, Velagapudi Guntur District. 6. One CC to Sri Devasri Roshan Kancharla, Advocate [OPUC] 7. One CC to Sri M. Krishna, SC for KMCfOPUC] 8. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 9. Two CCs to GP for Municipal Administration and Urban 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. Amaravathi, ssb HIGH COURT - V DATED;03/09/2025 ORDER WP No.23423 OF 2025 ■gf X 17 SEP 2025 Current section ml 'f' Current :>ecnvM ^ SioespATC'^^ DISPOSING OF THE W.P. WITHOUT COSTS