APHC010534562025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 27759/2025 Between: 1. CH. MURALI KRISHNA, S/O. BASKAR RAO AGE 48 YEARS, R/O. D. NO. 23-173/2, 22ND WARD KHARKHANA STREET, VENKATAGIRI TOWN, TIRUPATI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, A.P. SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2. THE STATE OF ANDHRA PRADESH, , REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, TIRUPATI DISTRICT AT TIRUPATI 4. THE VENKATAGIRI MUNICIPALITY, VENKATAGIRI, TIRUPATI DISTRICT. REP BY ITS COMMISSIONER 5. THE DEPUTY EXECUTIVE ENGINEER, VENKATAGIRI MUNICIPALITY VENKATAGIRI, TIRUPATI DISTRICT ...RESPONDENT(S): 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 topleased to issue a Writ, Order or Direction more particularly one in 2 the nature of Writ of MANDAMUS declaring the action of the respondents in not paying the Earnest Money Deposits (EMDs) and Further Security Deposits (FSDs) withheld by the respondents for the works executed by the petitioner namely i) Construction of CC Drain from 1). Krishna Mandiram D. No. 23-69 to Avva Venkata Sekhar (D. No. 22-1) near Srirama Mandiram, 2). from A.Rajeswara Rao house (d. No. 23-212) to Babu House (Ele Pole No. 021/140/000) and 3). from Ele Pole No. 021/140/000 to M. Srinivasulu house (D. No. 23-283) in Ward No. 22 under agreement No. 55/2020-21, Dated. 10.02.2021 for an amount of Rs. 41,555/-, ii) Construction of CC Drain from 1). V. Chengalrayulu house (D. No. 3-336) to Pasupuneti Rajamma house (D. No. 3-301) and 2). from Ponati Subbamma house (D. No. 3-300) to Adusuri Ramanaiah House (D. No. 3-310) in BC Colony of Boppapuram, in Ward No. 03 under agreement No. 36/2020-23, Dated. 18.01.2021 for an amount of Rs. 59,596/-, iii) Providing of CC Road from Opposite Church (Ele Pole No. 093/528/010) to Burial Ground at Nehru Nagar H/W in 20th Ward under agreement No. 126/2019-20, Dated. 26.02.2020 for an amount of Rs. 1,28,621/-, iv) Providing Compound Wall and its Improvements to Burail Ground for SC Locality in 5th Ward under agreement No. 102/2019-20, Dated. 17.02.2020 for an amount of Rs. 40,734/-, V) Construction of CC Drain Chenchu Ramaiah house (Ele Pole No. 012/12A/070/100) to Transformer (Ele Pole No. 012/1 IB/080/400) at APTF Colony (1st Street) in 8th Ward under agreement No. 140/2019-20, Dated. 03.03.2020 for an amount of Rs. 21,297/-, vi) Construction of CC Road from 1). K. Venkataratnam Raju house (Ele Pole No. 022/24B/050/00) to Chenji Venkataswamy House (Ele Pole No. 022/525/700), 2). from Katabattina Sreehivasulu house (D. No. 022/25A/030/403) to Navgru Vijaya house (Ele Pole No. 022/525/900) and 3). from Telu Subbaiah house (Ele Pole No. 022/25A/030/303) to Ukkadala Srinivasuolu house (Ele Pole No. 022/526/000), Boggula Mitta, in Ward No. 14 under agreement No. 54/2020- 21, Dated. 10.02.2021 for an amount of Rs. 45,239/- (Total amount of Rs. 3,37,042/-) as illegal, arbitrary, malafidy, high-handed, and contrary to the procedure established by law apart from being voilative of Articles 14 and 19 (1) (g) of the Constitution of India and consequentially direct the respondents to release the payment of above bill along with interest forthwith in the interest of justice and pass IA 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 Pleased to direct the respondents to release the Earnest Money Deposits 3 (EMDs) and Further Security Deposits (FSDs) withheld by the respondents for the works executed by the petitioner namely i) Construction of CC Drain from 1). Krishna Mandiram D. No. 23-69 to Avva Venkata Sekhar (D. No. 22- 1) near Srirama Mandiram, 2). from A.Rajeswara Rao house (d. No. 23-212) to Babu House (Ele Pole No. 021/140/000) and 3). from Ele Pole No. 021/140/000 to M. Srinivasulu house (D. No. 23-283) in Ward No. 22 under agreement No. 55/2020-21, Dated. 10.02.2021 for amount of Rs. 41,555/-, ii) Construction of CC Drain from 1). V. Chengalrayulu house (D. No. 3-336) to Pasupuneti Rajamma house (D. No. 3-301) and 2). from Ponati Subbamma house (D. No. 3-300) to Adusuri Ramanaiah House (D. No. 3-310) in BC Colony of Boppapuram, in Ward No. 03 under agreement No. 36/2020-23, Dated. 18.01.2021 for an amount of Rs. 59,596/-, iii) Providing of CC Road from Opposite Church (Ele Pole No. 093/528/010) to Burial Ground at Nehru Nagar H/W in 20th Ward under agreement No. 126/2019-20, Dated. 26.02.2020 for an amount of Rs. 1,28,621/-, iv) Providing Compound Wall and its Improvements to Burail Ground for SC Locality in 5th Ward under agreement No. 102/2019-20, Dated. 17.02.2020 for an amount of Rs. 40,734/-, v) Construction of CC Drain Chenchu Ramaiah house (Ele Pole No. 012/12A/070/100) to Transformer (Ele Pole No. 012/1 IB/080/400) at APTF Colony (1st Street) in 8th Ward under agreement No. 140/2019-20, Dated. 03.03.2020 for an amount of Rs. 21,297/-, vi) Construction of CC Road from 1). K. Venkataratnam Raju house (Ele Pole No. 022/24B/O50/OO) to Chenji Venkataswamy House (Ele Pole No. 022/525/700), 2). from Katabattina Sreenivasulu house (D. No. 022/25A/030/403) to Navuru Vijaya house (Ele Pole No. 022/525/900) and 3). from Telu Subbaiah house (Ele Pole Nb. 022/25A/030/303) to Ukkadala Srinivasuolu house (Ele Pole No. 022/526/000), Boggula Mitta, in Ward No. 14 under agreement No. 54/2020- 21, Dated. 10.02.2021 for an amount of Rs. 45,239/- (Total amount of Rs. 3,37,042/-), pending disposal of the Writ Petition and to pass Counsel for the Petitioner: 1. KAMBHAMPATI RAMESH BABU Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 2. GP FOR FINANCE PLANNING The Court made the following: 4 Order:- Learned counsel for the petitioner submits that the petitioner is aggrieved by the inaction on the part of the respondents in paying the Earnest Money Deposit (EMD) and Final Security Deposit (FSD) amounts. It is submitted that the petitioner has executed works entrusted by the respondents vide Agreement Nos. 55/2020-21, dated 10.02.2021; 36/2020-21, dated 18.01.2021; 126/2019-2020 dated 26.02.2020; 102/2019-2020, dated 17.02.2020; 140/2019-2020, dated 03.03.2020; and 54/2020- 21, dated 10.02.2021 and the final bills have been submitted. Further, it is submitted that the competent authority has recorded the progress of the works and certified the same in the M-Book. However, the respondents have so far not released the EMD and FSD amounts totaling Rs.3,37,042/-. 2. Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Municipal Administration and Urban Development; the learned Assistant Government Pleader for Finance & Planning, and the learned Standing Counsel for the respondent Municipality. 3. Considering the submissions, the concerned respondents are hereby directed to verify and release the EMD and FSD amounts due 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. 4. Accordingly, the Writ Petition is disposed off. No costs. 5. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 09.10.2025 PNS 5 6