IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 28381 OF 2024 Between: A Venkata Ramana Reddy, S/o. A. Srinivasa Reddy, Aged about 53 years, Occ; Civil contractor, R/o.H.No.3-45, Gadigarevula P.O., Gadivemula Mandal, Kurnool District ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Water Resources Department (Irrigation and CAD), Secretariat Buildings, Velagapudi, Amaravati, Guntur District. The Superintending Engineer, Irrigation Circle, Kurnool, Kurnool District A.P. The Executive Engineer, K.C. Canal Division, Nandyal, Nandyal District (erstwhile Kurnool District) The Principal Finance Secretary, Finance Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District, Andhra Pradesh. 2. 3. 4. ...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 an appropriate Writ, Order or Direction, particularly one in the nature of Writ of Mandamus, declaring action of the respondents in not releasing the Earnest Money Deposits @ 2.5percent more and withheld amounts @ 7.5percent for the contractual works undertaken by the petitioner under Neeru Chettu Scheme in lieu of the Agreement No s. 1. 653/2018-19 dated 18-04-2018 for the work of De-silting and Jungle clearance of Burumakulavanka from km 0.000 to km 2.500 near Pesaravai (v) Gadivemula (M). Kurnool (D) , 2. 651/2018-19 dated 18-04-2018 for the work of De-silting and Jungle clearance of Panyamkuntavanka from km 0.000 to km 2.500 near Pesaravai (v) Gadivemula (M), Kurnool (D) , 3. 1487/2018-19 dated 31-03-2018 for the work of De-silting and Jungle clearance of sluice No. 13 R Sub Channel from Mitta dam to Bujanuru village from km 0.000 to km 3.500 near Bujanuru (v) Gadivemula (m), Kurnool (D) , 4. 1490/2018-19 dated 31-03-2018 for the work of De-silting and Jungle clearance of Thatakulavanka from km 0.000 to km 2.500 near Bujanuru (v) Gadivemula(m), Kurnool (D) all entered with the 3rd respondent, even after completion of defect liability period and in spite of repeated requests, as arbitrary, illegal, discriminatory, unjust enrichment, violative of the Fundamental Rights guaranteed under Articles 14, 19 and 21 of the Constitution of India, apart from being contrary to the orders of this Hon ble Court issued from time to timeand consequently direct the respondents to release/return the Withheld amounts @ 7.5percent and Earnest Money deposit @ 2.5percent for the works executed by the petitioner under the aforementioned agreements, along with interest accrued on the said amounts from the due date to till the date of payment. lA NO: 1 OF 2024 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 may be pleased to direct the respondents to release the Earnest Money Deposits @ 2.5% and withheld amounts @ 7.5% for the contractual works undertaken by the petitioner under Neeru Chettu Scheme in lieu of the Agreement No’s. 1. 653/2018-19 dated 18-04-2018 for the work of “De- silting and Jungle clearance of Burumakulavanka from km 0.000 to km 2.500 near Pesaravai (v) Gadivemula (M), Kurnool (D)”, 2. 651/2018-19 dated 18-04-2018 for the work of “De-silting and Jungle clearance of Panyamkuntavanka from km 0.000 to km 2.500 near Pesaravai (v) Gadivemula (M), Kurnool (D)”, 3. 1487/2018-19 dated 31-03- 2018 for the work of “De-silting and Jungle clearance of sluice No. 13 R Sub Channel from Mitta dam to Bujanuru village from km 0.000 to km 3.500 near Bujanuru (v) Gadivemula (m), Kurnool (D)”, 4. 1490/2018-19 dated 31-03- 2018 for the work of “De-silting and Jungle clearance of Thatakulavanka from km 0.000 to km 2.500 near Bujanuru (v) Gadivemula(m), Kurnool (D)” all entered with the 3rd respondent, forthwith, pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI. V NITESH Counsel for the Respondent Nos. 1 to 3: GP FOR IRRI AND CAD Counsel for the Respondent No. 4: GP FOR FINANCE PLANNING The Court made the following order: r APHC010542672024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] FRIDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 28381/2024 Between: ...PETITIONER A Venkata Ramana Reddy AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.V NITESH Counsel for the Respondent(S): 1.GP FOR IRRI AND CAD 2.GP FOR FINANCE PLANNING The Court made the following ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief: Order or Direction, more particularly one in “...to issue an appropriate Writ, the nature of Writ of Mandamus, declaring action of the respondents in not releasing the Earnest Money Deposits @ 2.5percent and withheld amounts @ 7.5percent for the contractual works undertaken by the petitioner under Neeru Chettu Scheme in lieu of the Agreement No s. 1. 653/2018-19 dated 18-04-2018 for the work of De-silting and Jungle clearance of Burumakulavanka from km 0.000 tp km 2.500 near Pesaravai (v) Gadivemula f (M), Kurnool (D), 2. 651/2018-19 dated 18-04-2018 for the work of De-sitting and Jungle clearance of Panyamkuntavanka from km 0.000 to km 2.500 Pesaravai (v) Gadivemula (M), Kurnool (D) , 3. 1487/2018-19 dated 31-03- 2018 for the work of De-silting and Jungle clearance of sluice No. 13 R Sub Channel from Mitta dam to Bujanuru village from km 0.000 to km 3.500 Bujanuru (v) Gadivemula (m), Kurnool (D) , 4. 1490/2018-19 dated 31-03- 2018 for the work of De-siltIng and Jungle clearance of Thatakulavanka from km 0.000 to km 2.500 near Bujanuru (v) Gadivemula(m), Kurnool (D) all entered with the 3rd respondent, even after completion of defect liability period and in spite of repeated reguests, as arbitrary, illegal, discriminatory, unjust enrichment, violative of the Pundamental Rights guaranteed under Articles 14, 19 and 21 of the Constitution of India, apart from being contrary to the orders of this Hon ble Court issued from time to timeand consequently direct the respondents to release/return the Withhetd amounts @ 7.5percent and Earnest Money deposit @ 2.5percent for the works executed by the petitioner under the aforementioned agreements, along with Interest accrued on the said amounts from the due date to till the date of payment and pass such such other order or orders may deem fit and proper in the circumstances of the case. ” near near 2. In spite of adjourning the matter, the respondents have not filed their counter affidavit. 3. The petitioner is a CIVIL contractor and was entrusted with various contract works under Neeru Chettu programme. The respondents have paid the work amounts and withheld amounts @ 7.5% per annum and earnest money deposits @ 2.5% per annum. Since the respondents are not releasing the withheld amount and earned money deposits, the petitioner has made a representation to the respondents on 05.06.2023 requesting to release the withheld amount and EMD amount on the ground that the works were completed three years back. Admittedly, there is no dispute with regard to execution of work and the same is evident through quality control certificates. It is the contention of the petitioner that even though the respondents 5. admitted that the petitioner is entitled to the aforesaid amount, no payment is made. The petitioner contends that such non-payment of money is clearly arbitrary and high-handed requiring the interference of this Court. 6. On the other hand, learned Government Pleader for Irrigation, while admitting about the claim of the petitioner, on oral instructions, submitted that the bills are pending for fund clearance, and prayed to pass appropriate orders. 7. In view of the submissions of learned counsel for the petitioner and learned Government Pleader for Irrigation, this Writ Petition is disposed of, with a direction to the respondents to release the withheld amounts @ 7.5% per annum and earnest money deposit amount @ 2.5% per annum to the petitioner as per the entitlement vide the judgment of the Division Bench of this Court in Writ Appeal No.724 of 2021 and batch of cases dated 12.10.2023, within a period of four (4) weeks from the date of receipt of a copy of the order. No order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Water Resources Department (Irrigation and CAD), State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The Superintending Engineer, Irrigation Circle, Kurnool, Kurnool District, A.P. 3. The Executive Engineer, K.C. Canal Division, Nandyal, Nandyal District (erstwhile Kurnool District) 4. The Principal Finance Secretary, Finance Department, Secretariat Buildings, Velagapudi, Amaravati, Guntur District, Andhra Pradesh. 5. One CC to Sri. V Nitesh Advocate [OPUC] 6. TwoCCsto GP For Irrigation and CAD ,Fligh Court Of Andhra Pradesh. [OUT] 7. Two CCs to GP For Finance Planning, High Court Of Andhra Pradesh. [OUT] 8. Three CD Copies GSC A.P. / HIGH COURT DATED:25/04/2025 ORDER WP.No.28381 of 2024 DISPOSING THE WP WITHOUT COSTS