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2025 DAILYLAW 57946 (AP)

M SRIHARI v. THE STATE OF ANDHRA PRADESH

WP/28591/2025 · 2025-10-26

Harinath N

body2025

Judgment text

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APHC010547452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE TWENTY SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 28591/2025 Between: 1. M SRIHARI, S/O. PICHI REDDY, AGED ABOUT 49 YEARS, OCC CONTRACTOR, R/O. D.NO.4/440, N.D.R. LAYOUT, USMANSABEHPET,NELLORE, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, GUNTUR, GUNTUR DISTRICT. 3. PIDUGURALLA MUNICIPALITY, PIDUGURALLA, GUNTUR DISTRICT, REP.BY ITS COMMISSIONER 4. THE SUPERINTENDING ENGINEER PH, GUNTUR CIRCLE, GUNTUR DISTRICT. 5. THE EXECUTIVE ENGINEER PH, SPECIAL DIVISION, NARASARAOPET, GUNTUR DISTRICT. 6. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. ...RESPONDENT(S): 2 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 a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in not refunding the deposit amounts of FSD Rs. 1,10,873/-, EMD Rs. 1,78,664/- then totally an amount of Rs. 2,89,537/- in respect of work i.e., Improvement of park behind RTC BUS Stand in Sy. No.202 to 205 and Sy.No. 579/1, in ward No.24 in piduguralla Municipality under 14th FC grant for the year 2019-20,vide agreement No. 36/2021-22, dt.24.7.2021., is questioned, as the same is illegal, arbitrary and contrary to the order passed in WP.No. 16927/2021 on Dt 28.09.2021 consequently direct the respondents to refund the deposit an amount of FSD Rs. 1,10,873/-, EMD Rs. 1,78,664/- then totally an amount of Rs. 2,89,537/- with interest 12 percentage per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith and 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 Please to direct the respondents to refund the deposit amount of FSD Rs. 1,10,873/-, EMD Rs. 1,78,664/- then totally an amount of Rs. 2,89,537/-in respect of work i.e., Improvement of park behind RTC BUS Stand in Sy. No.202 to 205 and Sy.No. 579/1, in ward No.24 in piduguralla Municipality under 14th FC grant for the year 2019-20,vide agreement No. 36/2021-22, dt.24.7.2021. Pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1. Sireesha Rani Vallabhaneni,Standing Counsel For Municipalities 2. GP MUNCIPAL ADMN AND URBAN DEV AP 3. 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 work of Improvement of Park behind RTC Bus Stand in Sy.No.202 to 205 and Sy.No.579/1, in Ward No.24 in Piduguralla Municipality under 14th FC grant for the year 2019-20 entrusted by the respondents vide an Agreement No. 36/2021- 22, dated 24.07.2021 and the final bills have been submitted. A Statement detailing the work executed by the petitioner was prepared, and the progress of the work was recorded in the M-Book. However, in spite of the completion of all procedural formalities, the respondents have so far not released the EMD and FSD amounts totaling Rs.2,89,537/-. 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 Municipality. 3. During the course of hearing, the learned Standing Counsel appearing for the Municipality does not dispute the submissions made by the petitioner with respect to the completion of work undertaken. 4. Considering the submissions, the concerned respondents 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 27.10.2025 PNS