APHC010025752026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] WEDNESDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 1897/2026 Between: 1. CH PANDURANGA RAJU,, S/O RAMARAJU, AGE 60 YEARS, R/O 1-118-13, PLOT NO.131, SECTOR-12, M.V.P. COLONY, VISAKHAPATNAM, ANDHRA PRADESH ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEVELOPMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.522237 2. THE CHAIRMAN, DR.Y.S.R. HORTICULTURAL UNIVERSITY, VENKATARAMANNAGUDEM, WEST GODAVARI DISTRICT. 534 101 3. THE EXECUTIVE ENGINEER, DR.Y.S.R. HORTICULTURAL UNIVERSITY, VENKATARAMANNAGUDEM, WEST GODAVARI DISTRICT. 534 101 4. THE ESTATE OFFICER, DR.Y.S.R. HORTICULTURAL UNIVERSITY, VENKATARAMANNAGUDEM, WEST GODAVARI DISTRICT. 534 101 5. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.522237 ...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 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 as deposited at the time of contract, as security to undertake the works, even completing the observation period amounting to. Rs. 6,24,629/- 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 Articles 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 12 percent. IA NO: 1 OF 2026 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.6,24,629/- towards payment of deposited amounts for the contract works under taken by the petitioner long back, pending disposal of main Writ Petition. Counsel for the Petitioner: 1. DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1. GP FOR HIGHER EDUCATION 2. N B CHANDRA SEKHAR SC FOR YSR HORTICULTURE UNIVERSITY 3. GP FOR FINANCE PLANNING The Court made the following: 3 HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.1897 of 2026 ORDER: 1. The present Writ Petition is filed seeking for refund of EMD amount of Rs.6,24,629/- with interest for the works executed by the Petitioner in favour of the Respondent-University, as illegal and arbitrary. 2. The Petitioner herein is a Special Class Contractor and had constructed Central Library (G+1 Floors with a plinth area of 1600 Sqm.) at College of Horticulture, Venkataramannagudem, West Godavari District vide Agreement No.196/201-19 dated 15.12.2018. The construction was said to have been completed in the year 2023 and the final bills were made on 26.04.2025. As the EMD amount was not being paid to the Petitioner, the present Writ Petition is filed. 3. Today, the learned Standing Counsel for the Respondent- University submits that the bills were uploaded in NIDHI portal on 02.02.2026. 4. The delay on the part of the Respondent-University to pay the EMD amount and forcing the Petitioner to approach this Court does not reflect the fair approach by the Respondent-University and the reasoning 4 given in the standing instructions is not believable. Once the final payment is made, the Respondent-University in all fairness ought to have paid the amount suo motu rather than making the Petitioner run around Courts. 5. Be that as it may, as the Bills are said to have been uploaded in NIDHI portal amounts are admitted by the Respondent-University. 6. Therefore, the Writ Petition is disposed of with the following directions; (i) The Respondent-University is directed to pay the amount due to the Petitioner within a period of two (2) weeks from the date of receipt of a copy of this order; (ii) No order as to costs. 7. As a sequel, pending applications, if any, shall stand closed. __________________ NYAPATHY VIJAY, J Date: 04.02.2026 IS 5 HON’BLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION No.1897 of 2026 Date: 04.02.2026 IS