i APHC010476812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 24406 OF 2025 Between: Venkateswara Rao Kesanakurti, S/o.Veera Bhadra Rao, Aged 55 years,D.No.57-09-27 Tillapudi vari lane ,Durga Temple, dagara.Jagannadapuram. Kakinada, East Godavari District. ...Petitioner AND 1. The State Of Andhra Pradesh, Rep by its Principal Secretary, Municipal Administration And Urban Development Department, Secretariat Building, Velagapudi, Amaravathi, Guntur. 2. Municipal Corporation Kakinada, Rep.by its Commissioner, Kakinada Kakinada District. 3. Municipal Corporation Kakinada, Rep.by its Executive Engineer, Kakinada District. 4. The District Collector, Kakinada District. 5. The State of Andhra Pradesh, Rep. by its Principal Secretary Department of Finance AND Planning Velagapudi, Amaravathi, Guntur District. Secretariat Buildings, ...Respondents 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 particularly one in the nature Writ of Mandamous or any appropriate writ declare the action of the respondents in not refunding the deposited amounts ^s dseposited at the time of contract, as security to under take the works, even completing the observation period amouting to. Rs. 43,89,783/- (Rupees Forty Three Lakhs Eighty Nine Thousand Seven Hundred and Eighty Three 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 12PERCENT. V. lA 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. 43,89,783/- (Rupees Forty Three Lakhs Eighty Nine Thousand Seven Hundred and Eighty Three 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. Counsel for the Petitioner: SRI DEVASRI ROSHAN KANCHARLA Counsel for the Respondent No.1: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent Nos.2 & 3: SRI M KRISHNA RAO Counsel for the Respondent Nos.4 & 5:GP FOR FINANCE PLANNING The Court made the following order: APHC010476812025 IN THE HIGH COURT OF ANDI^RA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 24406/2025 Between: Venkateswara Rao Kesanakurti ...PETITIONER AND iji 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 MUNCIPAL ADMN URBAN DEV 2.GP FOR FINANCE PLANNING The Court made the following: <■( -2- W.P. NO.24406OF 2025 Date of order:11.09.2025 THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.24406 OF 2025 ORDER 1.- Heard the learned counsel for the petitioner, the learned Government Pleader for the Municipal Administration & Urban Development, the learned standing counsel for the Municipal Corporation and the learned Government Pleader for Finance & Planning. 2. The petitioner was entrusted with various works. In compliance with the contractual requirement, the petitioner has deposited the Earnest Money Deposit (EMD). Upon completion of the works, the petitioner submitted the final bills. However, they are yet to be approved. It is further submitted that the petitioner, through an application under the • Right to Information Act, sought details regarding the EMD amounts retained by the respondent authorities. In reply, the respondents have admitted retaining an amount of Rs.43,89,783/-. 3. The learned counsel further submits that the mandatory cooling period of three years has already elapsed and that in spite of the repeated requests, the respondents continue to withhold the release of the EMD amounts beyond the permissible cooling period. Due to the non release of EMD and pending bills, the petitioner has been facing severe financial difficulties. -3- W.P. No.24406 OF 2025 Date of ordenll.09.2025 4. In reply, the learned standing counsel for the 2'^'^ respondent submits that the EMD amounts remain with the Corporation since the petitioner’s final bills are yet to be finalised. 5. Be that as it may, with regard to the release of EMD, the fact remains that once the cooling period has expired, the respondents cannot * indefinitely retain such amounts. It is the bounden duty of the respondent authorities to ensure timely release of the amounts rightfully due to the contractor. 6. Taking into consideration the facts and submissions, this Court is of the opinion that the withholding of EMD beyond the cooling period is unjustified. Accordingly, the 2^^ respondent is directed to verify the EMD retained with it and release the same to the petitioner within a period of six weeks from the date of receipt of a copy of this order. 7. Accordingly, the writ petition is disposed of at the stage of admission. No costs. 8. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. Sd/-B PRASADA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration And Urban Secretariat Building, Velagapudi, Development Department, Amaravathi, Guntur. 2. Commissioner, Municipal Corporation Kakinada, Kakinada Kakinada District. 3. Executive Engineer, Municipal Corporation Kakinada, Kakinada District. 4. The District Collector, Kakinada District. 5. The Principal Secretary Department of Finance AND Planning Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 6. One CC to SRI. DEVASRl ROSHAN KANCHARLA Advocate [OPUC] 7. Two CCs to GP FOR MUNCIPAL ADMN URBAN DEV High Court of Andhra Pradesh [OUT] 8. Two CCs to GP FOR FINANCE PLANNING High Court of Andhra Pradesh [OUT] 9. Two CD Copies. AL '■Ri' n iJh HIGH COURT TL DATED:11/09/2025 ORDER WP NO. 24406 OF 2025 of AND7^^ # g( 2 3 OCT 2025 ^vCurrent Sectiojjx’'''^ Co DISPOSING OF THE W.P. WITHOUT COSTS