APHC010631362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 32744/2025 Between: 1. S SUDHARSAN REDDY, S/O.S.RAMA SUBBA REDDY, AGE 47 YEARS. PLOT. NO. 105 BLOCK A, YELLKUR BUNGLAOUS, BIHAIND RADIO STATION BACK SIDE ,KALLUR, KUMOOL DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, FOR MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR. 2. THE KURNOOL MUNICIPAL CORPORATION, REP.BY.COMMISSIONER, KURNOOL DISTRICT. 3. THE EXECUTIVE ENGINEER, KURNOOL MUNICIPAL CORPORATION, KURNOOL DISTRICT. 4. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE AND PLANNING SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. ...RESPONDENT(S): 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 order or orders, direction or directions, Writ or Writs 2 particularly one in the nature Writ of Mandamus 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 under take the works, even completing the observation period amounting to Rs. 3,24,096/- (Rupees Three Lakhs Twenty four Thousand Ninety six Only) 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(i)(g), 21 of the Constitution of India, consequently direct the respondents to release and repay the deposited amounts for the above works immediately with interest of 12 percent and to pass IA NO: 1 OF 2025 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 to direct the respondents to release the amount of Rs.3,24,096/- (Rupees Three Lakhs Twenty four Thousand Ninety six Only) towards payment of deposited amounts for the contract works under taken by the petitioner long back, pending disposal of main WP No. of 2025 and to pass Counsel for the Petitioner: 1. DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 2. GP FOR FINANCE PLANNING The Court made the following: 3 Order:- Learned counsel for the petitioner submits that the petitioner is aggrieved by the inaction on the part of the respondents in paying the Earnest Money Deposit (EMD) and Final Security Deposit (FSD) amounts. It is submitted that the petitioner has executed the following works entrusted by the respondents: (1) Construction of a Multi Utility Centre at Dharmapeta, Ward No.43 (3rd Call), and (2) Construction of Mahila Swasakhi Bhavan 1 open site CRC Building with 200 members seating capacity lay out open site in L.P.No.372/84 at Beedi Works Colony in Ward No.36 and the final bills have been submitted. Further, it is submitted that the competent authority has recorded the progress of the works and certified the same in the M-Book. However, the respondents have so far not released the EMD and FSD amounts totaling Rs.3,24,096/-. 2. Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Municipal Administration and Urban Development; the learned Assistant Government Pleader for Finance & Planning, and the learned Standing Counsel for the respondent Corporation. 3. During the course of hearing, the learned Standing Counsel appearing for the Corporation does not dispute the submissions made by the petitioner with respect to the completion of the works undertaken and that the non-payment of bills is due to paucity of funds. 4. Considering the submissions, the concerned respondent Nos.2 and 4 are hereby directed to verify and release the EMD and FSD amounts due payable to the petitioner as expeditiously as possible preferably within a period of four (04) weeks from the date of receipt of a copy of this order. 5. Accordingly, the Writ Petition is disposed off. No costs. 4 6. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 24.11.2025 PNS