APHC010527792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 27583/2025 Between: 1. HARICONS ENGINEERING AND CONTRACTORS, HUBIL J.V WITH SRI KOMMI CHANDRA SEKHAR, HUBLI SHOP NO.01, FLOOR, D- BLOCK SHINDHI COMPLEX, NEELIGIN ROAD NCM HUBLI, 580029, KARNATAKA. REP. BY ITS AUTHORIZED SIGNATORY KOMMI CHANDRASEKHAR, S/O VENKATASUBBAIAH, AGED ABOUT 52 YEARS, R/O BLOCKNO.FTF-01, FLOOR, GKRS DIVYA, ENSHRINE APPARTEMENTS, VIDYA NAGAR, HUBIL, DHARWAD, KARNATAKA. ...PETITIONER AND 1. THE PRINCIPAL SECRETARY TO GOVERNMENT FINANCE DEPARTMENT, FINANCE DEPARTMENT, A.P SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH-522 238 2. THE PRINCIPAL SECRETARY TO GOVERNMENT, 2) PUBLIC HEALTH MUNICIPAL ENGINEERING DEPARTMENT A.P SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH-522 238 3) 3. THE PROJECT DIRECTOR, ANDHRA PRADESH URBAN WATER SUPPLY SEPTAGE MANAGEMENT IMPROVEMENT PROJECT (APUWSSMIP), D.NO.54-15-5, DHOOM COMPLEX OPP. VENUE CONVENTION CENTRE SRINIVASA NAGAR, BANK COLONY VIJAYAWADA, ANDHRA PRADESH-522 008 4) 2 4. THE DIRECTOR OF WORKS AND ACCOUNTS, NIDHI BHAVAN FLOOR, BEHIND APIIC BUILDING MANGALAGIRI, GUNTUR DISTRICT 5. THE ENGINEERIN CHIEF, PUBLIC HEALTH DEPARTMENT FLAT NOS.504 601, GARUDA APARTMENTS TADEPALLI, GUNTUR DISTRICT, ANDHRA PRADESH-522 501 6) 6. THE SUPERINTENDING ENGINEER, PUBLIC HEALTH CIRCLE, GUNTUR GUNTUR DISTRICT, ANDHRA PRADESH 7) 7. THE EXECUTIVE ENGINEER, PUBLIC HEALTH CIRCLE, GUNTUR GUNTUR DISTRICT, ANDHRA PRADESH ...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 pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declare the action of the respondents (i) In not releasing the Bank Guarantees payable to the petitioner for an amount of Rs.4,24,30,446/- (Four Crores Twenty-Four Lakhs Thirty Thousand Four Hundred and Forty Six Rupees). (ii) In not paying the Price variation amounts on the proposed amount up to 10th bill In Guntur, Mangalagirl, Tadepalli, Piduguralla, Vinukonda, Macherla is Rs. 1,92,20,712/-, Rs.1,57,13,168/-, Rs.98,06,312/-, Rs. 1,45,78,054/-, Rs.68,90,652/-. Rs 3,82, 273/- Respectively, The total amount of Rs.6,65,91,773/-. (iii) In not paying the expenses on Bank Guarantees renewal of RS.1,37,25,790/-. (iv) In not paying the interest of 6percent per annum with effect from the date when the bills were submitted by the petitioner as per direction of the Honble Court in W.A No. 724 of 2021 W.A No. 599 604 of 2023 and batch. in relation to under contract vide S.E(P.H) Agreement -08/2018-19, dated 23-02-2019 of work namely Providing water supply Distribution System including House Service Connections, AMR Water Meters and SCADA with O M for a period of 7 years in municipal Towns of Macherla, Piduguralla, Vinukonda, Mangalagiri Tadepalli and Guntur in Guntur District, Andhra Pradesh, as the same is arbitrary, illegal, unconstitutional and violation of well settled principles of natural justice, and consequently direct the respondents to release and pay an amounts payable to the petitioner of Bank Guarantees, Price Variations, Bank Guarantees and interest on the amounts submitted by the petitioner and to pass 3 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 Counsel for the Petitioner: 1. RAMINENI SUDHEER Counsel for the Respondent(S): 1. GP FOR MEDICAL HEALTH FW 2. GP FOR FINANCE PLANNING 3. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 4 ORDER:- Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Finance, and the learned Assistant Government Pleader for Public Health Department. 2. This Writ Petition is filed to declare the action of the respondents (i) In not releasing the Bank Guarantees payable to the petitioner for an amount of Rs.4,24,30,446/- (Four Crores Twenty-Four Lakhs Thirty Thousand Four Hundred and Forty Six Rupees). (ii) In not paying the Price variation amounts on the proposed amount up to 10th bill In Guntur, Mangalagirl, Tadepalli, Piduguralla, Vinukonda, Macherla is Rs. 1,92,20,712/-, Rs.1,57,13,168/-, Rs.98,06,312/-, Rs. 1,45,78,054/-, Rs.68,90,652/-. Rs 3,82,273/- Respectively, The total amount of Rs.6,65,91,773/-. (iii) In not paying the expenses on Bank Guarantees renewal of RS.1,37,25,790/-. (iv) In not paying the interest of 6% per annum with effect from the date when the bills were submitted by the petitioner as per direction of the Honble Court in W.A No. 724 of 2021 and W.A No. 599 & 604 of 2023 and batch. In relation to under contract vide S.E(P.H) Agreement -08/2018-19, dated 23-02-2019 of work namely Providing water supply Distribution System including House Service Connections, AMR Water Meters and SCADA with O M for a period of 7 years in municipal Towns of Macherla, Piduguralla, Vinukonda, Mangalagiri Tadepalli and Guntur in Guntur District, Andhra Pradesh. 5 3. It is submitted that the price escalation was also approved by the competent authority, and the outstanding bills with regard to the price escalation, including the EMD and FSD, are required to be verified. 4. During the course of hearing, learned counsel for the petitioner would submit that the issue involved in this writ petition is squarely covered by the order dated 15.07.2025 passed by this Court in W.P.No.6535 of 2024 and requested to pass a similar order in this writ petition also. The same is not disputed by the learned counsel appearing for the Respondents. 5. In view of the same, for the reasons alike in the aforesaid order, this writ petition is also disposed of directing the respondents 3, 5 to 7 to verify and release the bank guarantee amount of Rs.4,24,30,446/- and to finalize the bills due payable to the petitioner to the extent of the work completed, within a period of six weeks from the date of receipt of a copy of this order, unmindful of the committee constituted in that regard. There shall be no order as to costs. 6. Registry is directed to annex a copy of the order in W.P. No.6535 of 2024 to the order in the present writ petition. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. ______________________ JUSTICE HARINATH.N Date : 09.10.2025 PNS