1 APHC010172832022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 10686/2022 Between: 1. M V RAMI REDDY, S/O. SATHI REDDY, AGED 48 YEARS, OCC. CONTRACTOR, R/O. MAHALAKSHMI TEMPLE STREET, UBALANKA VILLAGE, RAVULAPALEM MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, WATER RESOURCES (IRRIGATION AND CAD )DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL, AMARAVATHI, GUNTUR DISTRICT. 2. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, THULLUR MANDAL, GUNTUR DISTRICT. 3. THE DIRECTOR OF WORKS AND ACCOUNT OFFICER, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT. 4. THE CHIEF ENGINEER, MINOR IRRIGATION (A.R),VIJAYAWADA. 5. THE DISTRICT COLLECTOR, VIZIANAGARAM DISTRICT, VIZIANAGARAM. 6. SUPERINTENDING ENGINEER, IRRIGATION CIRCLE, BOBBILI, VIZIANAGARAM DISTRICT. 7. EXECUTIVE ENGINEER, IRRIGATION DIVISION, BOBBILI, 2 VIZIANAGARAM DISTRICT. 8. THE PAY AND ACCOUNTS OFFICER, WORKS AND PROJECTS, VIZIANAGARAM, VIZIANAGARAM 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 topleased to issue a Writ, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents in withholding payments of the Further Security Deposit (FSD), Earnest Money Deposit (EMD) and Bid Security Deposit with regard to the works i.e., i) Restoration of Kunchgai tank of Kolluru Village in Kanchili Mandal, Srikakulam Districtthrough the Agreement No. 14 SE/2010-11 dated 15-06-2010 for an amount of Rs. 4,29,000/- and ii) Restoration of SunkilliSagaram Tank of Mundala Village in Kanchili Mandal, Srikakulam District through the Agreement No. 15 SE/2010- 11 dated 15-06- 2010 for an amount of Rs. 1,90,000/- totaling for an amount of Rs. 6,19,000/- as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to release Fund Security Deposit (FSD), Earnest Money Deposit (EMD) and Bid Security Deposit of Rs. 6,19,000/- with interest at 18 percent for the pending bills forthwith for the above said works executed by the petitioner and pass IA NO: 1 OF 2022 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 pleased to direct respondents to consider for payment of the Further Security Deposit (FSD), Earnest Money Deposit (EMD) and Bid Security Deposit for an amount of Rs. 6,19,000/- with interest @ 18 % for the works executed by the petitioner 1) Restoration of Kunchgai tank of Kolluru Village in Kanchili Mandal, Srikakulam Districtthrough the Agreement No. 14 SE/2010-11 dated 15-06-2010 for an amount of Rs. 4,29,000/-and ii) Restoration of SunkilliSagaram Tank of Mundala Village in Kanchili Mandal, Srikakulam District through the Agreement No. 15 SE/2010-11 dated 15-06-2010 for an amount of Rs. 1,90,000/-totaling for an amount of Rs. 6,19,000/- forthwith, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. RAMBABU KOPPINEEDI Counsel for the Respondent(S): 3 1. GP FOR FINANCE PLANNING 2. GP FOR IRRIGATION COMM AREA DEV The Court made the following: 4 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue a Writ, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents in withholding payments of the Further Security Deposit (FSD), Earnest Money Deposit (EMD) and Bid Security Deposit with regard to the works i.e., i) Restoration of Kunchgai tank of Kolluru Village in Kanchili Mandal, Srikakulam Districtthrough the Agreement No. 14 SE/2010-11 dated 15-06-2010 for an amount of Rs. 4,29,000/- and ii) Restoration of SunkilliSagaram Tank of Mundala Village in Kanchili Mandal, Srikakulam District through the Agreement No. 15 SE/2010- 11 dated 15-06-2010 for an amount of Rs. 1,90,000/- totaling for an amount of Rs. 6,19,000/- as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to release Fund Security Deposit (FSD), Earnest Money Deposit (EMD) and Bid Security Deposit of Rs. 6,19,000/- with interest at 18 percent for the pending bills forthwith for the above said works executed by the petitioner and pass….” 2. Brief facts of the case are that the petitioner herein is a registered contractor and was entrusted with the works relating to (i) restoration of Kunchgai tank of Kolluru village in Kanchili mandal, Srikakulam district, (ii) restoration of Sunkillisgaram tank of Mundala village in Kanchili mandal, Srikakulam district. Accordingly, the petitioner has executed the aforesaid works as per the agreement. The grievance of the petitioner is that in spite of executing all the works entrusted to him, the respondent authorities are not releasing the bills pertaining to Further Security Deposit (FSD) and Earnest Money Deposit (EMD). Hence, the present writ petition is filed. 3. Heard Sri. Rambabu Koppineedi, learned counsel for the petitioner and learned Assistant Government Pleader for Irrigation. 4. During the course of hearing, learned Assistant Government Pleader has submitted that though the works executed by the petitioner pertain to the 5 year 2010, the petitioner, without approaching the respondent authorities with a request to release the withheld amounts, has straightaway approached this Court by way of this writ petition. As such, he requested this Court to direct the petitioner to submit a fresh representation to the 6th respondent with regard to the withheld payments towards Further Security Deposit (FSD) and Earnest Money Deposit (EMD) paid by the petitioner for executing all the works entrusted to him in the year 2010 to a tune of Rs.6,19,000/- duly enclosing all the requisite documents. On the other hand, learned counsel for the petitioner consented for the request made by learned Assistant Government Pleader. 5. In view of the same, this writ petition is disposed of and the petitioner herein is directed to submit an application to the 6th respondent within a period of three (3) weeks from the date of receipt of a copy of this order, with regard to the withheld payments towards Further Security Deposit (FSD) and Earnest Money Deposit (EMD) paid by the petitioner for executing all the works entrusted to him in the year 2010, duly enclosing all the relevant documents. Upon receiving such representation, the 6th respondent shall pass appropriate orders in accordance with law. 6. Accordingly, with the above direction, this writ petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ____________________ JUSTICE V.SUJATHA Date:15.10.2025. Gss