It APHC010351362024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) m WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 17943 OF 2024 Between: M/s. M. Butchaiah and Co, Flat No.505, Yaganti Court, 2"'^ Line, Rajendra Nagar, Guntur, Guntur District rep.by its Managing Partner M. Butchaiah ...Petitioner AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat Buildings Velagapudi Village, Guntur District. 2. The State of Andhra Pradesh, rep. by its Principal Secretary, Finance and Planning Department, Secretariat Buildings, Velagapudi Village, Guntur District. 3. Tenali Municipality, rep.by its Commissioner, Tenali, Guntur District. 4. The Municipal Engineer, Grade-1 Tenali Municipality, Tenali, 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 a Writ or order or direction more / .particularly one in the nature of Writ of Mandamus dectanng the action of the respondents 1 to 4 in not returning the EMD amounts payable to the petitioner in relation to the works awarded to the petitioner and the same were cancelled by the Council of the respondent, (1) for Providing C C Drain at Chavas grand opposite both side of Amrut park in UDA colony m 3<^ Ward of Tenali Municipality; (2) Providing CC Drain from D No:8-25-9 to D No:8-28-5/A Balaji peta (Near Night Shutter) in 33"‘ ward of Tenali Murridf^lity; (3) Repairs School at Sulthanabad in 2^ ward of Tenali rao and Painting to Municipal Primary Municipality: (4) improvements & Repairs (Drinking water simply. Paintings & Major Repairs) to K.J.D.M School (D.No.4-2-1/1)at Hyderpeta in 2'*' ward of Tenali Municipality: (5) Improvements & Repairs (Drini^ water Supply. Major Repairs) to Municipal Pradhamika PatasaJa (D.No.2-33-43/1) of Tenali Municipality: (6) Improvements & Repays (Drinking water Paintings & in ward supply, Paintings & Major Repairs) to A.V.R Elementary School (D.No.2-22- 15/1A) at Nandulpeta in 6“' ward of Tenali Municipality; (7) Improvements & Repairs (Drinking water Supply, Paintings & Major Repairs) to Municipal School (Thadikala badi), (D.No.21-1-28/B), in ^ ward of Tenali Primary Municipality; (8) Improvements & Repairs (Running water to otiles, drinking water supply, paintings & Major repairs) to special Municipal Elementary school, (D.No. 10-87-25/), at HUDCO colony in 9* ward of Tenali Municipality; (9) » r 1 . (Drinking Water Supply, Paintings & Major Repairs) Elementary School (D.No.l-07/A) in SS* ward of Improvements & Repairs to Adhi Andhra Municipal Tenali Municipality; (10) Improvements & Repairs (Drinking Water Supply, Errabadi Municipal Elementary School (D.No.5- fr'.', Paintings & Major Repairs) to 6-41/3) at Ithanagar in 40^^^ ward of Tenali Municipality: (11) Repairs to Culvert ASN College Prakasam road in 37*'' ward of Tenali Providing Pathway and Ground Filling in Dr. Ambedhakhar 37th vVard of Tenali Municipality: (13) opp. to petrol bunk near Municipality: (12) 1 Municipal Elementary School in Owistruction of New Toilets to ! ofTenaM Muracipality: (14) NVR Municipal Elementary school in 36“’ ward Construction of New Toilets to T.S.R Municipal High f School in 35‘^ ward of Tenali Municipality; (15) Construction of Kitchen shed Municipal Elementary school in KSM H School Compound in 31®' ward of Tenali Municipality: (16) Repairs to Municipal Elementary School in 32^"* ward of Tenali Municipality; (17) Construction of CC drain from D.No.4-37-16 to D.No.4-37- 16/5 at Paleti vari street in 1®‘ ward of Tenali Municipality: (18) Construction of CC drain from D.No.4-37-16 to D.No.4-37-16/5 at Paleti vari street in 1®‘ ward of Tenali Municipality: (19) Repairs and Paintings (Toilets Staff-Men, Staff- Women Compound walls & Paintings) to Special Municipal Elementary School (Dno; 13-16-14/1) at Pinapadu in 24**' Ward of Tenali Municipality; (20) Repairs of School Building For SMES Mpl. Elementary School (D.No: 16-6-9) Tulasi Ram chowk in 19'*^ & 20"^ ward of Tenali Municipality: (21) Repairs to MMMTUES, (D.No: 16-30-14/A) Salipet in 16"^ ward of Tenali Municipality: (22) Repairs to Urdu Elementary school in NCRNM High School (D.No; 14-4- 89/A) Compound in 21®' ward of Tenali Municipality; (23) Providing of CC Approach wide connecting internal cross roads along east canal bund from Bio Toilets to Vaikuntapuram Temple and extension of road at 23-9-2/a in Markandeya street 14"^ ward of Tenali Municipality: (24) Providing CC Road Wide Connecting Rice Colony in Babu Jagjeevan Rao Colony (SC Area) in 12"^ Ward of Tenali Municipality: (25) Laying of CC Road in second cross road at Babu Jagjeevan Rao (SC colony) near Chinnaravru Community Hall at 12"" ward of Tenali Municipality: (26) Construction of CC Drain 300mm drain in Mother Therissa I Nagar from D.No: 23-14-2/A to Ele Pole No 189/A/4 at 14"^ ward of Tenali Municipality; (27) Construction of CC Drain 300mm drain in Pothuraju colony from D.No.23-7-41 to East canal Bund at 14"^ ward of Tenali Municipality; (28) Constructions of 300mm dia CC Drain Both sides at Balaji Nagar S'"* Cross Road in 12*" ward of Tenali Municipality; (29) Construction of 300mm dia CC Drain from D.No. 21-38-12/1A to D.No.21-37-8/31/a in a Rice colony (Dibba Mida) at 12"’ ward of Tenali Municipality: (30) Maintenance and improvements of A) Construction of 600mm TD CC Drain (One side) in Balijepalli Street at Postal Employees Co-Operative Society, Opposite to Repalle Railway Gate and B) Maintenance and Improvements of 300mm dia CC Drain (One side) from D.No. 14-24-3 to D.No. 14-21-8 in Mohammad street Ward No.21 of Tenali Municipality: (31) Maintenance and improvements of CC Drain from A) D.No 14-30-10 to D.No 14-39-34 in Nijamuddin Vari Street B) Madhava Nilayam Apartment to Annapurna Canteen (Opp Side) and C) (450mm cc dia) in Tadikonda Vari street in Ward No.22 of Tenali Municipality; (32) Maintenance and improvements of cc roads from A) Maszid to D.No.23-14-11/A B) D.No.23- 07-45/1A to D.NO.23-07-45/1B and C) D.No.23-07-39/4 to D.No.23-07-45/2 in Ward No.14 of Tenali Municipality; (33) Maintenance and improvements of CC Roads from A) D.no.14-10-73 to D.no.14-10-68 in SIvalayam temple road 14- 24-3 to D.No.14-21-8 in Mohammad street and C)D.No. 14-04-44 to D.No.14- 13-6 in NCRNM high school opposite road in ward.21 in Tenali Municipality: (34) Maintenance and improvements of CC Roads from A) D.No 14-39-39 to D.No 14-39-38. opposite Vinayaka mandir, Mallemoggala vari street B) D.No 14-40-38 to D.No 14-40-39, Beside road of Sri Harshini Beauty Parlour, Mattam Bazar main road C) D.No 14-30-10 to D.No 14-39-34 in Nijamuddin Vari street D) D.No 14-39-39 to D.No 14-39-40/A in Mallemoggala vari street and Providing three speed Brakers near D.No. 14-66-71 in Mattam Bazar ending in Ward No.22 in Tenali Municipality: and (35) Maintenance and Improvements of C C road from Urdhu School Junction to Irrigation canal ( D No:12-4-1 to D No:12- 3-22) in Ward 26^'' of Tenali Municipality, even after cancellation of the contracts awarded to the petitioner, the EMD amounts payable to the petitioner by the respondents 1 to 4 is arbitrary, illegal and in violation of Articles 14 and 19 (1) (g) of the Constitution of India and consequently direct the respondents 1 to 4 to return the EMD amounts to a tune of Rs. 4,62,264/- to the petitioner and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. \ lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be the respondents 1 to 3 to return the EMD amounts of Rs. respondent No.4 in order to pay the amount to the pleased to direct 4,62,264/- by the petitioner, pending disposai of the writ petition. Counsel for the Petitioner: SRI PRABHU NATH VASIREDDY Counsel for the Respondent No.1 : GP FOR MUNICIPAL ADMN & URBAN DEVELOPMENT Counsel for the Respondent No.2 : GP FOR FINANCE AND PLANNING Counsel for the Respondent Nos.3 & 4 : Mrs. V. SIREESHA RANI, SC FOR MUNICIPALITY The Court at the stage of admission made the following: ORDER APHC010351362024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY ,THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 17943/2024 SMS [3460] Between: M/s. M. Butchaiah And Co ...PETITIONER , AND The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.PRABHU NATH VASIREDDY Counsel for the Respondent{S): I.Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 2.GP MUNCIPAL ADMN AND URBAN DEVAP 3.GP FOR FINANCE PLANNING The Court made the following: ...RESPONDENT(S) the HON'BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.17943 Of 2024 ORDERl This writ petition is filed declaring the action of the Respondents in not returning the EMD amounts of Rs.4,62,264/- to the works awarded to the Petitioner in respect of 35 in relation works which were cancelled later, as arbitrary and illegal. Heard learned counsel for both the parties. 2. Learned standing counsel for the Respondent passed on a of the signed instructions of the Commissioner, Tenali Municipality. As per the instructions, after verifying the records, out of 35 works, file for EMD for 22 works has been forwarded to pre-audit Guntur for getting resolution and after getting approval from the pre-audit, the amount towards 22 works is to be paid to the Petitioner through CFMS. It is also stated that the Tenali Municipality is taking necessary action for processing the payments of EMD for 13 works by following due process of law. 3. copy Taking into considerations of the written instructions 4. submitted by the learned standing counsel, the Writ Petition is disposed of, at the stage of admission, with the consent of both V V 2 sides and placing the written instructions on record, with the following direction: (i) The Respondent authorities are directed to pay the EMD amounts due to the Petitioner within a period of four (4) months from today. (ii) There shall be no order as to costs. As a sequel, the miscellaneous petitions if any shall stand dismissed. Sd/- M. SRINIVAS ASSISTANT REGISTRAR - SECTJON OFFICER //TRUE COPY// To, ' ■ DevrSnl and Urban Velagapudi Village, Guntur oJlricf Pradesh, Secretariat Buildings Andh'r^Praifh'^Secrefarirt a^iwfnn^ Planning Department, State of 6 One CC ot ^ d Advocate [OPUC] 7 Two CCs to GP otrT/*^^- ''®'labhaneni, SC for Municipaiity [OPUCI ■ And^^'^raderh^tarS [Our^ ■ Araravati?otrTl'°' ^ of Andhm Pradesh at 9. Two CD Copies Guntur Cnr HIGH COURT DATED:25/06/2025 \ ORDER WP 17943/2024 DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION WITHOUT COSTS