APHC010037352022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] TUESDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 2543/2022 Between: 1. RATNA INFRASTRUCTURE PROJECTS PRIVATE LIMITED, HAVING ITS OFFICE AT 201, ASHOKA CAPITOL BUILDING, OPP.KBR PARK, ROAD NO.2, BANJARA HILLS, BANJARA HILLS, HYDERABAD- 500034, REP.BY ITS MANAGING DIRECTOR M.M.L.NARASIMHAM, ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, 4TH BLOCK, 1ST FLOOR, ROOM NO- 216, A.P SECRETARIAT OFFICE. VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH 2. THE CHIEF ENGINEER PROJECTS IRRIGATION, KADAPA, Y.S.R.KADAPA DISTRICT-516002 3. THE SUPERINTENDING ENGINEER, SKD GNSS PROJECT CIRCLE NTR-TGP COLONY, KADAPA, Y.S.R.KADAPA DISTRICT-516004 4. THE EXECUTIVE ENGINEER, PBC DIVISION, 2 PULIVENDULA, Y.S.R.KADAPA DISTRICT-516390 5. THE DEPUTY EXECUTIVE ENGINEER, D AND I-SUB- DIVISION, ANKALAMMA GUDUR, Y.S.R.KADAPA DISTRICT-516484 6. THE STATE BANK OF INDIA, TRADE FINANCE CENTRAL PROCESSING CENTRE, 3RD FLOOR, ACR TOWERS, 32, RESIDENCY ROAD, BENGULURU - 560025, REP.BY ITS GENERAL MANAGER 7. THE STATE BANK OF INDIA, REP.BY ITS BRANCH MANAGER, INCUBE BRANCH. LOCAL HEAD OFFICE COMPLEX, 2ND FLOOR, ABOVE SPB BRANCH, NEAR EXIT GATE-3, NO.65, ST.MARKS ROAD, BENGALURU- 560001 8. THE STATE BANK OF INDIA, STRESSED ASSETS MANAGEMENT BRANCH, KACHIGUDA, HYDERABAD - 500002, REP.BY ITS MANAGER. 9. THE STATE BANK OF INDIA, COMMERCIAL BRANCH, KOTI, HYDERABAD, REP.BY ITS BRANCH MANAGER. ...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 an appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring proceedings bearing Memo.No.SE/SKD GNSS PC/Kadapa/DB/TA1/93B/541M Dt-10.7.2020 issued by the 4th Respondent directing the Respondent Bank to encash (i) Bank Guarantee No.0416807B.G.0000700 Dt-14.11.2007 for Rs.1,50,43,725/- and (ii) BG.No.7064810BG0000020 Dt- 05.03.2010 for Rs.7,68,000/- issued by the Petitioner in connection with Agreement No.5 SE/2007-08 dt.21.11.2007 (Package No.93B), though the Bank Guarantees were expired on 31.12.2021 and though the said Agreement No.5 itself was 3 closed by the Government on 10.7.2020, instead of settling Petitioner's account by paying Rs.9.65 Crores, which is the outstanding payable to the Petitioner, as illegal, unjust, arbitrary, vitiated by mala fides and extraneous considerations, in violation of Principles of Natural Justice and also in violation of Articles 14, 19, 21 and 300A of the Constitution of India and consequently set aside the impugned proceedings dt,18.11.2021 and direct respondents to settle petitioner's account by paying Rs.9.65 crores to 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 the Respondents not to invoke the Bank Guarantee No.0416807B.G.0000700 dt.14.11.2007 for Rs.1.50,43.725/- and Bank Guarantee No.7064810BG0000020 dt.5.3.2010 for Rs.7,68,000/- issued by the Petitioner in connection with Agreement No.5 SE/2007-08 dt.21.11.2007 (Package No.93B) by suspending Proceedings bearing Lr.No.Supdt/B.G's/ Package No.93B/960M Dt.18.11.2021 issued by the 4th Respondent pending disposal of the above writ petition and pass IA NO: 1 OF 2023 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 receive the counter copies on record by allowing the leave petition in the above writ petition and pass Counsel for the Petitioner: 1. SRINIVAS BOBBILI Counsel for the Respondent(S): 1. GP FOR IRRIGATION COMM AREA DEV 4 The Court made the following ORDER: Impugning the proceedings vide Memo No.SE\SKD GNSS PC/Kadapa/DB/TA1/93B/541M, dated 10.07.2020, issued by the 4th respondent, the present writ petition is filed. 2. Heard Sri Bobbili Srinivas, learned counsel for the petitioner, appeared through virtual mode, and learned Government Pleader for Irrigation Department. 3. Learned Assistant Government Pleader for Irrigation, on instructions, submitted that the EMD amounts and other bank guarantee amounts have already been paid to the petitioner. However, with regard to the admitted bill amounts, the petitioner has not approached the authorities or made any claim seeking payment of the said amount. 4. Learned counsel for the petitioner sought liberty to the petitioner to approach the appropriate authority for claiming the admitted bill amount due. 5. Recording the said submission, the Writ Petition is disposed of, granting liberty to the petitioner to approach the appropriate authority for claiming the admitted bill amount due. There shall be no order as to costs. 5 As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 27.01.2026 ANS 6 312 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 2543/2022 Date: 27.01.2026 ANS