APHC010786982013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] MONDAY, THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 9676/2013 Between: 1. ORSU KOTAIAH, GUNTUR DISTRICT, AGED ABOUT 58 YEARS, OCC: RAILWAY CONTRACTOR, R/O. KOTCHERLA VILLAGE, 1PUR MANDAL, GUNTUR DISTRICT. ...PETITIONER AND 1. THE SR DIVISIONAL ENGINEER S C R 2 OTHERS, RAILWAY, RAIL NILAYAM, PATTABHIPURAM, GUNTUR, GUNTUR DISTRICT. 2. THE ASSISTANT DIVISIONAL ENGINEER NORTH SOUTH CENTRAL, RAILWAY, NEAR RAILWAY STATION, GUNTUR, GUNTUR DISTRICT. 3. THE SECTION ENGINEER NORTH, SOUTH CENTRAL RAILWAY, REPALLE, 0/O. OFFICE OF THE ASSISTANT DIVISIONAL ENGINEER ( NORTH), SOUTH CENTRAL RAILWAY, NEAR RAILWAY STATION, GUNTUR, 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 an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 1st Respondent in terminating the contract of the Petitioner and forfeiting the security deposit along with performance guarantee and also the Bank guarantee vide 2 JS,J W.P.No.9676/2013 proceedings No. GNT/ W148 / Agt.906/ WA-III dated 11-02-2013 is illegal, improper, arbitrary and unconstitutional and violative of Article 14 of Constitution of India and also violative of the principles of natural justice and further contrary to the procedure contemplated under The General Clauses Act and consequential Letter No. A/GNT/ Release of BG dated 01-02-2013 issued by the 3rd Respondent is illegal, improper, arbitrary and unconstitutional and consequently direct the Respondents to release the amounts due to the petitioner along with the security deposit as well as performance guarantee and the Bank guarantee forthwith and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. IA NO: 1 OF 2013(WPMP 12060 OF 2013 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 suspend the Letter No. A/GNT/Release of BG dated 01-02-2013 issued by the 3rd Respondent pending disposal of the writ petition before this Hon'ble court and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. IA NO: 4 OF 2013(WPMP 53158 OF 2013 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 Counsel for the Petitioner: 1. MD SALEEM Counsel for the Respondent(S): 1. JUPUDI V K YAGNADUTT(CENTRAL GOVERNMENT COUNSEL) 3 JS,J W.P.No.9676/2013 The Court made the following ORDER: Learned counsel for the petitioner submits that the cause in the writ petition does not survive for adjudication. Recording the submission of learned counsel for the petitioner, the Writ Petition is dismissed as infructuous. No order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. __________________________ JUSTICE SUMATHI JAGADAM Date: 24.11.2025 RMR 4 JS,J W.P.No.9676/2013 203 THE HONOURABLE SRI JUSTICE SUMATHI JAGADAM WRIT PETITION No:9676 OF 2013 Date: 24.11.2025 RMR