V/ COURT OF ANDHRA PRADESH :: AMARAVATI^ (Special Original Jurisdiction) THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE ^ IN THE HIGH MONDAY PR^NT THE HONOURABLE M^STICE B S BHANUMATHI WRIT PETITION NO: 30125 OF 2024 v/ Between: i^Sundara Ramireddy, S/o. Malakondareddy, Aged 61 years. Post, Ananthasagaram, Nellore, Andhra Pradesh - Rapuru Ananthasagaram 524302. ...PETITIONER AND Pradesh, Rep. by its Principle Secretary, Irrigation Secretariat Buildings, Velagapudi, Amaravathi, Guntur 1. The State of Andhra Department Dist., , Finance"^ Planning Department, The block, floor. Room No.287 2. The Principle Secretary Government of Andhra Pradesh, 2 nd Secretariat Buildings, Velagapudi, Guntur Dist. ^ 3. The Engineer in Chief, Irrigation Department, Amaravathi, Guntur Dist., 4. The Executive Engineer, S.P. Division no.l.Somgsila ,SPSRJ^IIore District. ...RESPONDENTS 2^of the Constitution of India praying that in affidavit filed therewith, the High Court may Petition under Article the circumstances stated in the : order or orders, direction or directions. Writ or Writs in the nature Writ of Mandamus or any appropriate writ not refunding the deposited be pleased to issue particularly one in declare the action of the respondents in amounts as deposited at the time of contract, as security to under take me observation period amounting to Rs. 5,82,961/- of refund from the date of works, even completing the to the petitioner with interest, tilt the date completion of respective observation periods, as illegal, arbitrary violation of principles of natural justice and'violative of Article 14 Constitution of India, consequently direct the respondents to release and repay the deposited amounts for the above works immediately with interest of 12%. ^ 19(i)(g), 21 of the lA NO: 1 OF 2024 Petition under Section IsMpc praying that in the circumstances Stated in the affidavit filed in support of the petition, the High Court pleased to direct the respondents to release the amount of Rs.5,82,9^ towards payment of deposited amounts for the contract works by the petitioner long back, pending disposal of main WP No.30125 of 2024. Counsel for the Petitioner: SRI DEVASRI ROSHAN KANCHARLA Counsel for the Respondent Nos 1-3 & 4: GP FOR IRRIGATI^I^ND CAB Counsel for the Respondent No.2; GP FOR FINANCE AND PLANNING The Court made the following: ORDER ^ may be under taken APHC010576492024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) QMS [3311] n Monday, the twenty fourth day of February, two thousand and twenty five Present The Honourable Ms Justice B.S.Bhanumathi Writ Petition No.30125 of 2024 Between: ...Petitioner Rapuru Sundara Ramireddy and ...Respondents The State of Andhra Pradesh and others Counsel for the petitioner: 1. Devasri Roshan Kancharla Counsel for the respondents 1.GP for Irrigation and CAD The Court made the following Order: This writ petition is filed seeking the following relief: “...be pleased to issue order or orders direction or directions writ or writs particularly one in the nature writ of mandamous or any appropriate writ declare the action of the respondents in not refunding the deposited amounts as deposited at the time of contract as security to undertake the works, even completing the observation period amounting to Rs.5,82,961/- to the petitioner with interest, till the date of refund from the date of completion of respective observation periods, as illegal, arbitrary violation of principles of natural justice and violative of Article 14, 19(|)(g), 21 of - 2 W.P.No.30125of2024 the Constitution of India, release and consequently direct the respondents to repay the deposited amounts for the above immediately with interest of 12% works and to pass such other order or orders... 02. It IS the contention of the petitioner that even though the admitted that the petitioner is entitled to the aforesaid amount made. The petitioner contends that arbitrary and high-handed \ respondents no payment is such non-payment of requiring the interference of this Court. money is clearly 03. On the other hand, learned Irrigation, while admitting about the instructions received from the Somasila-524 Assistant Government Pleader claim of the petitioner, placed Executive Engineer, S.P.Division Nellore for on record No.1, Letter 300, SPSR No.AB/A1/EE/SP.DN.I/Smsl/LOC District vide file/24M, dated 27.01.2025. He submitted (EMD-FSD) are pending against the under DDO Code-08431210008 that the bills relating to the deposits HOA-8443001080001002000VN and that been transferred to other DDO. the EMD-FSD amounts of this division had 04. It is pertinent to mention whereas in the written instructions the is Shown as Rs.6,33,000/-. As such, in view of the Cairn made by the petitioner, the Order is limited to the amount claimed by the this Order does not disentitle entitled. that the petitioner claimed Rs.5,82,961/-, - gross amount payable to the petitioner petitioner. But, amount, if he is so the petitioner for higher 05. In view of the submissions of the the learned Assistant Government allowed with a direction to the learned counsel for the petitioner Pleader for Irrigation, this Writ Petition i and IS respondents to release the R^,82,961/-(Rupees five lakhs eighty two thousand nine hundred and sixty one only) to the petitioner, along with the interest as per the entitlement vide amount of cases dated 12.10.2023 within a period of two (02) 3 W.P.No.30125 of 2024 months from the date of receipt of a copy of this order. However, if the petitioner is entitled to any higher amount, the same shall also be paid as per the entitlement. It is open to the petitioner to agitate the claim for higher rate of interest, if any, payable by the respondents, before an appropriate forum. 06. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ®ASSIST^TRE^STRAR SECTION OFFICER //TRUE COPY// To, The Principle Secretary, Irrigation Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. The Principle Secretary, Finarl^ and Planning Department, The Government of Andhra Pradesh, 2"'^ block, 1®* floor. Room No.287, * Secretariat Buildings, Velagapudi, Guntur Dist. ■■ The Engineer in Chief, Irrigation Department, Amaravathi, Guntur Dist. The Executive Engineer, S.P. Division no.l.Somasil^,SPSR Nellore ' District. One CC to Sri Devasri Roshan Kancharla, Advocate [OPUC] Two CCs to GP for Irrigation and CAD, High Court of A.P. at Amaravati[OUT] Two CC’s to GP for Finance and PJanning, High Court of A.P. at Amaravati[OUT] Three CD Copies. 1. 2. 3. 4. 5. 6. 7. 8. ssb high court DATED;24/02/2025 ORDER WP-No.30125 of 2024 allowing the W.P- Without costs