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2025 DAILYLAW 48067 (AP)

N NAGESWARA RAO v. THE STATE OF ANDHRA PRADESH

WP/24830/2025 · 2025-09-14

Harinath N

body2025

Judgment text

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APHC010480272025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY, THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 24830/2025 Between: N Nageswara Rao ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP MUNCIPAL ADMN AND URBAN DEV AP 3. GP FOR FINANCE PLANNING The Court made the following: 2 W.P. No.24830 of 2025 Date of order: 15.09.2025 THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.24830 OF 2025 ORDER: 1. This writ petition is filed by the petitioner, aggrieved by the non-release of the Earnest Money Deposit (EMD) and Final Security Deposit (FSD) amounts which were deposited towards the security deposit at the time of contract. 2. The learned counsel for the petitioner submits that the petitioner has completed the works undertaken by him to the satisfaction of the 2nd respondent. It is further submitted that the bills payable to the petitioners have been released by the 2nd respondent and that the works were completed in the year 2019. It is also submitted that the petitioner has completed works entrusted by the 2nd respondent. However, the Earnest Money Deposit (EMD) and Final Security Deposit (FSD) amounts, which were initially deposited, have not yet been released inspite of the completion of the defect liability period. It is further submitted that there is no reason for the 2nd respondent to withhold the EMD and FSD amounts after having released the final bills. 3. Heard the submissions of the learned counsel for the petitioners, the learned Assistant Government Pleader for Municipal Administration & Urban Development, the learned standing counsel for the Corporation, and the learned Assistant Government Pleader for Finance & Planning. 3 W.P. No.24830 of 2025 Date of order: 15.09.2025 4. The learned standing counsel appearing for the corporation submits that the competent authority accorded administrative sanction to refund EMD and FSD amounts. 5. From the perusal of the material on record, it appears that there is no dispute with respect to the completion of the work undertaken by the petitioner. Hence, considering the submissions, there shall be a direction to respondents 2 and 5 to release the EMD and FSD amounts which are withheld by the respondents, within a period of six (06) weeks from the date of receipt of a copy of this order. 6. With the above, the writ petition is disposed of. There shall be no order as to costs. 7. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. ___________________ JUSTICE HARINATH.N BV