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2025 DAILYLAW 47814 (AP)

B Venkateswara Reddy, v. The State of Andhra Pradesh,

WP/25159/2025 · 2025-09-23

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010480312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 25159/2025 Between: 1. B VENKATESWARA REDDY,, S/O CHINNA AVULA REDDY, AGED 45 YEARS, N S NAGAR, OPP RTC BUS STAND, MARKAPURAM, PRAKASAM DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, FOR ROADS AND BUILDINGS DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR. 2. THE EXECUTIVE ENGINEER R AND B, NH DIVISION, VIJAYAWADA. 3. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner: 1. DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1. GP FOR ROADS BUILDINGS 2. GP FOR FINANCE PLANNING The Court made the following: 2 ORAL ORDER: Heard Ms.Maria Rani Makkena learned Counsel appearing on behalf of Ms.Devsari Roshan Kancharla, learned Counsel for the Writ Petitioner and Sri Sk. Abdul Rasheed, learned Assistant Government Pleader for Roads & Buildings. 2. Sri. Sk. Abdul Rasheed, learned Assistant Government Pleader for Roads & Buildings has submitted the Written Instructions furnished by the Executive Engineer dated 18.09.2025. A copy of it is supplied to the learned counsel for the Petitioner and the same is taken on record. The relevant portion of the said Written Instructions is usefully extracted hereunder: “Even though the actual date of completion of the work was on 19.02.2021, the final bill was paid on 11.11.2022, and till today, the contractor has not submitted the representation for refund of deposits to this office. Soon after the receipt of Representation from the contractor, due process will be initiated for making payments due to the contractor.” 3. The above Written Instructions would indicate that the work was completed by 19.02.2021 and the final bill was paid on 11.11.2022. However, strangely, the Executive Engineer (R&B) would state that the refund of the deposit has not been made because the Writ Petitioner has not submitted the Representation. 4. This Court is unable to understand why the Representation has to be made when there is a duty bound that cast upon the Official Respondent to act fairly and refund the deposits when once the work is completed and the final bill had been paid. 5. In this view of the matter, this Court deems it appropriate to allow the present Writ Petition, at admission stage itself, without going into the merit, with a direction to the Executive Engineer (R&B) to refund of deposit without 3 reference to the requirement of the Representation from the side of the Petitioner, within two weeks from today. 6. With these observations and directions, this Writ Petition stands allowed. No order as to costs. 7. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENIRAMAKRISHNA PRASAD, J Dt:24.09.2025 RSD 4 94 THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 25159/2025 Dt:24.09.2025 RSD