1 APHC010537812022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY ,THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 32895/2022 Between: V.sanjeeva Reddy, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. SINGAMSETTY V.M. SANKAR Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR MUNCIPAL ADMN URBAN DEV 3. M MANOHAR REDDY (SC FOR MUNC AND MUNC CORP ) The Court made the following: 2 ORDER : This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “....to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in not releasing security deposit funds of Rs.46,65,527.27/- in pursuance of agreement No.55/2007-08, dt.26.12.2007 for providing underground drainage collection network in Singh Nagar and Vambay Colony slum areas inspite of representation made by the petitioner on 16.11.2020 and 19.03.2021 submitted to the respondent No.4 for releasing of long pending payments, as illegal arbitrary violation of principles of natural justice and offends Articles 14, 19 and 300-A of Constitution of India and consequently direct the respondents to comply with the above Measurement Books No.662/11-12 by paying amounts along with interests at 12% to the petitioner…” 2. Heard learned counsel for the petitioner, learned Government Pleader for Finance and Planning and learned Standing Counsel for Municipal Corporation. 3. Learned counsel for the petitioner submits that even though respondents admitted that the petitioner is entitled for payment of the aforesaid sum of money, no payment is being made and such non-payment of money is clearly arbitrary and high-handed and thereby requires interference by this Court. 4. The 4th respondent has filed a counter affidavit, wherein it is stated that the petitioner completed the work execution for a value of Rs.9,32,65,005.00 3 and the same was paid and an amount of Rs.46,65,527/- was kept as Security Deposit and EMD, which are to be paid after completion of defects liability period of 24 months. However, the same could not be paid due to closure of the Scheme and non release of funds. The same will be paid after getting release of funds from the Government. 5. In view of the same, since the amount claimed by the petitioner is an admitted amount, this Court feels it appropriate to dispose of the writ petition directing the respondents to release amount of Rs.46,65,527/- (Rupees Forty Six Lakhs Sixty Five Thousand Five Hundred and Twenty Seven only) to the petitioner, within a period of four (4) months, from the date of receipt of a copy of this order. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. __________________ JUSTICE V.SUJATHA Date: 20.02.2025 JLV