APHC010037342022 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: 2590/2022 Between: 1. HINDUSTAN-RATNA JOINT VENTURE,, HAVING ITS OFFICE AT PLOT NO.39, ROAD NO.14, BANJARA HILLS, HYDERABAD-500034, REP.BY ITS AUTHORISED SIGNATORY SRI M.M.L.NARASIHMHAM, ...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, CONSTRUCTION CIRCLE-3, KADAPA, Y.S.R.KADAPA DISTRICT-516002 4. THE EXECUTIVE ENGINEER, GNSS-DIVISION NO.4, JAMMALAMADUGU, Y.S.R.KADAPA DISTRICT-516434 2 5. THE DEPUTY EXECUTIVE ENGINEER, GNSS-SUB- DIVISION NO.2, JAMMALAMADUGU UNDER CONTROL OF GNSS-DIVISION NO.4, JAMMALAMADUGU, Y.S.R.KADAPA DISTRICT-516434 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 ...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 toto issue an appropriate order or direction more particularly one in the nature of Writ of Mandamus declaring proceedings bearing Lr.No.SE/CC.III/KDP/DB/D1/W/45A(B.G)/518M1 dt.29.12.2021 issued by the 3rd Respondent directing the Respondent Bank to encash the Bank Guarantee No.0505307BG1000040 dt.18.7.2007 for Rs.1.84 Crores issued by the Petitioner in connection with Agreement No.6 SE/2007-08 dt.19.07.2007 (Package No.48A),. though the Bank Guarantee was expired on 28.10.2020 and though the said Agreement No.6 itself was closed by the 3rd Respondent on 17.03.2021 instead of settling Petitioner's account by paying Rs.17.23 crores, which is the outstanding payable to the petitioner, as illegal, unjust, arbitrary, vitiated by mala fides and extraneous considerations, in violation 3 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.29.12.2021 and direct respondents to settle petitioner's account by paying Rs.17.23 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 to direct the Respondents not to invoke the Bank No.0505307BG1000040 dt.18.07.2007 for Rs.1.84 Crores issued by the Petitioner in connection with Agreement No.6 SE/2007-08 dt.19/07/2007 (Package No.48A) by suspending Proceedings bearing Lr.No.SE/CC.III/KDP/DB/D 1/W/45A(B.G)/518M dt.29.12.2021 issued by the 3rd Respondent pending disposal of 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 Lr.No.Se/CC.III/KDP/DB/D1/W/45A(B.G)/518M, dated 29.12.2021, issued by the 3rd 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 5 appropriate authority for claiming the admitted bill amount due. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 27.01.2026 ANS 6 311 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 2590/2022 Date: 27.01.2026 ANS