APHC010029352022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 1973/2022 Between: 1. M/S. SRI SREE LAXMI CONSTRUCTIONS,, D.NO. 1-28, GOPALAPURAM VILLAGE, RAVULAPALEM MANDAL, EAST GODAVARI DISTRICT. REP.BY ITS MANAGING PARTNER K. NAGIREDDY, S/O. VENKATA REDDY, AGED 50 YEARS, OCC- CONTRACTOR, R/O. D.NO. 4- 173, RAVULAPALEM VILLAGE AND MANDAL, EAST GODAVARI DISTRICT. 2. K. NAGIREDDY,, S/O. VENKATA REDDY, AGED 50 YEARS, OCC- CONTRACTOR, R/ O. D.NO. 4-173, RAVULAPALEM VILLAGE AND ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, WATER RESOURCES (IRRIGATION AND CAD )DEPARTMENT, SECRETARIAT BUILDINGS,VELAGAPUDI, THULLUR MANDAL,AMARAVATHI, GUNTUR DISTRICT. 2. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, THULLUR MANDAL, GUNTUR DISTRICT. 3. THE DIRECTOR OF WORKS AND ACCOUNT OFFICER, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT. 4. THE CHIEF ENGINEER/ENGINEERINCHIEF, , IRRIGATION DEPARTMENT, VIJAYAWADA, AP. 5. THE DISTRICT COLLECTOR, SRIKAKULAM DISTRICT AT SRIKAKULAM. 6. SUPERINTENDING ENGINEER, WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE, SRIKAKULAM. 7. EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, SPECIAL CONSTRUCTION DIVISION, SRIKAKULAM. 8. THE PAY AND ACCOUNTS OFFICER, WORKS AND PROJECTS, SRIKAKULAM, SRIKAKULAM 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 the nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents in withholding the Bank Guarantees of Performance Security and Environmental, Social, Health and Safety (ESHS) Performance Security furnished by the petitioner in relation to the works i.e., i) Rehabilitation of Chittivani Tank Cascade No. 14 in Karaka Valasa Village in L.N.Peta Mandal in Srikakulam District under APIIATP through the Agreement No. 06 SE/2021-22 dated 07-07-2021 vide Performance Guarantee No. B4/01889/08/2021-2022 dated 29-06-2021 for an amount of Rs. 2,47,550/- and Performance Guarantee No. B4/01889/09/2021- 2022 dated 29-06-2021 for an amount of Rs. 49,550/-, ii) Rehabilitation of Vajja Banda Cascade No. 13 in Karakavalasa Village in L.N.Peta Mandal in Srikakulam District under APIIATP through the Agreement No. 07 SE/2021-22 dated 07-07-2021 vide Performance Guarantee No. B4/01889/06/2021-2022 dated 29-06-2021 for an amount of Rs. 2,16,100/- and Performance Guarantee No. B4/01889/07/2021-2022 dated 29-06-2021 for an amount of Rs. 43,300/-, iii) Rehabilitation of InjamnaCheruvu Cascade No. 36 in Sumanthapuram Village in L.N.Peta Mandal in Srikakulam District under APIIATP through the Agreement No. 08 SE/2021-22 dated 07-07-2021 vide Performance Guarantee No. B4/01889/10/2021-2022 dated 29-06-2021 for an amount of Rs. 2,16,300/- and Performance Guarantee No. B4/01889/11/2021- 2022 dated 29-06-2021 for an amount of Rs. 43,300/-, iv) Rehabilitation of RayikaraCheruvu (Independent) in K.K. Rajapuram Village in Burja Mandal in Srikakulam District under APIIATP through the Agreement No. 05 SE/2020-21 dated 12-03- 2021 vide Performance Guarantee No. 01889/BG48/2020-2021 dated 01-03-2021 for an amount of Rs. 1,83,400/- and Performance Guarantee No. 01889/BG49/2020-2021 dated 01- 03-2021 for an amount of Rs. 36,700/-, v) Rehabilitation of VooraCheruvu Cascade No. 18 in Ravikanipeta Village in Amadalavalasa Mandal in Srikakulam District under APIIAATP through the Agreement No. 09 SE/2020-21 dated 12-03-2021 vide Performance Guarantee No. 01889/BG50/2020-2021 dated 01-03-2021 for an amount of Rs. 1,85,000/- and Performance Guarantee No. 01889/BG51/2020-2021 dated 01-03-2021 for an amount of Rs. 37,000/- , vi) Rehabilitation of KottaCheruvu Cascade No. 44 in Gangammapeta Village in Burja Mandal in Srikakulam District under APIIATP through the Agreement No. 06 SE/2020-21 dated 12-03-2021 vide Performance Guarantee No. 01889/BG46/2020-2021 dated 01-03-2021 for an amount of Rs. 3,26,800/- and Performance Guarantee No. 01889/BG47/2020- 2021 dated 01-03-2021 for an amount of Rs. 65,400/- and vii) Rehabilitation of Nallacheruvu (Independent Tank ( in Amballavalasa Village in Gara Mandal in Srikakulam District under APIIATP through the Agreement No. 02/2020-21 dated 24- 03-2021 vide Performance Guarantee No. 01889/BG58/2020- 2021 dated 09-03-2021 for an amount of Rs. 1,42,100/ and Performance Guarantee No. 01889/BG57/2020-2021 dated 09- 03-2021 for an amount of Rs. 28,450/- totaling an amount of Rs. 18,20,950/- as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to return Bank Guarantees of Rs. 18,20,950/-forthwith for the above said Bank Guarantees deposited by the petitioner and pass IA NO: 1 OF 2022 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 respondents to consider for return of the Bank Guarantees of Performance Security and Environmental, Social, Health and Safety (ESHS) Performance Security furnished by the petitioner i.e., i) Rehabilitation of Chittivani Tank Cascade No. 14 in Karaka Valasa Village in L.N.Peta Mandal in Srikakulam District under APIIATP through the Agreement No. 06 SE/2021-22 dated 07- 07¬2021 vide Performance Guarantee No. B4/01889/08/2021- 2022 dated 29-06-2021 for an amount of Rs. 2,47,550/- and Performance Guarantee No. B4/01889/09/2021-2022 dated 29¬06-2021 for an amount of Rs. 49,550/-, ii) Rehabilitation of Vajja Banda Cascade No. 13 in Karakavalasa Village in L.N.Peta Mandal in Srikakulam District under APIIATP through the Agreement No. 07 SE/2021-22 dated 07-07-2021 vide Performance Guarantee No. B4/01889/06/2021-2022 dated 29- 06-2021 for an amount of Rs. 2,16,100/- and Performance Guarantee No. B4/01889/07/2021-2022 dated 29-06-2021 for an amount of Rs. 43,300/-, iii) Rehabilitation of InjamnaCheruvu Cascade No. 36 in Sumanthapuram Village in L.N.Peta Mandal in Srikakulam District under APIIATP through the Agreement No. 08 SE/2021-22 dated 07-07-2021 vide Performance Guarantee No. B4/01889/10/2021-2022 dated 29-06-2021 for an amount of Rs. 2,16,300/- and Performance Guarantee No. B4/01889/11/2021- I 2022 dated 29-06-2021 for an amount of Rs. 43,300/-, iv) Rehabilitation of RayikaraCheruvu (Independent) in K.K. Rajapuram Village in Burja Mandal in Srikakulam District under APIIATP through the Agreement No. 05 SE/2020-21 dated 12-03- 2021 vide Performance Guarantee No. 01889/3G48/2020-2021 dated 01-03-2021 for an amount of Rs. 1,83,400/- and Performance Guarantee No. 01889/BG49/2020-2021 dated 01- 03-2021 for an amount of Rs. 36,700/-, v) Rehabilitation of VooraCheruvu Cascade No. 18 in Ravikanipeta Village in Amadalavalasa Mandal in Srikakulam District under APIIAATP through the Agreement No. 09 SE/2020-21 dated 12-03-2021 vide Performance Guarantee No. 01889/BG50/2020-2021 dated 01¬03-2021 for an amount of Rs. 1,85,000/- and Performance Guarantee No. 01889/BG51/2020-2021 dated 01-03-2021 for an amount of Rs. 37,000/- , vi) Rehabilitation of KottaCheruvu Cascade No. 44 in Gangammapeta Village in Burja Mandal in Srikakulam District under APIIATP through the Agreement No. 06 SE/2020-21 dated 12-03-2021 vide Performance Guarantee No. 01889/BG46/2020-2021 dated 01-03-2021 for an amount of Rs. 3,26,800/- and Performance Guarantee No. 01889/BG47/2020- 2021 dated 01-03-2021 for an amount of Rs. 65,400/- and vii) Rehabilitation of Nallacheruvu (Independent Tank ( in Amballavalasa Village in Gara Mandal in Srikakulam District under APIIATP through the Agreement No. 02/2020-21 dated 24¬03-2021 vide Performance Guarantee No. 01889/BG58/2020- 2021 dated 09-03-2021 for an amount of Rs. 1,42,100/- and Performance Guarantee No. 01889/BG57/2020-2021 dated 09¬03-2021 for an amount of Rs. 28,450/- totaling an amount of Rs. 18,20,950/- forthwith, pending disposal of the main Writ Petition and pass Counsel for the Petitioner(S): 1. RAMBABU KOPPINEEDI Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR REVENUE 3. GP FOR IRRIGATION COMM AREA DEV The Court made the following: THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 1973 of 2022 ORDER: Learned counsel for the petitioners addressed a letter dated 29.07.2025 to the Registry, seeking permission of this Court to withdraw the writ petition. 2. The said letter is placed on record. 3. Permission is accorded. 4. Accordingly, the Writ Petition is dismissed as withdrawn. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. _____________________ JUSTICE T.C.D. SEKHAR Dt: 31.07.2025 sj 85 THE HONOURABLE SRI JUSTICE T.C.D. SEKHAR WRIT PETITION NO: 1973 of 2022 Date 31.07.2025 sj