APHC010304502025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 15264 OF 2025 Between: 1. K GOPAL REDDY, S/O. K SUBBA REDDY AGED ABOUT 45 YEARS R/O. FLAT NO. 305 BALAJI HEIGHTS BALAJI COMPLEX NANDYAL TOWN NANDYAL DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT, A.P. SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT A.P. SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI. 3. THE DISTRICT COLLECTOR, AT KURNOOL, KURNOOL DISTRICT. 4. THE CHIEF ENGINEER, MINOR IRRIGATION DEPARTMENT, VIJAYAWADA, KRISHNA DISTRICT. 5. THE SUPERINTENDING ENGINEER IRRIGATION CIRCLE, HNSS CIRCLE NO.1 KURNOOL KURNOOL DISTRICT. 6. THE EXECUTIVE ENGINEER W R DEPT, H.N.S.S. DIVISION NO.2, KURNOOL KURNOOL DISTRICT. ...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 2 VS,J W.P.No.15264 of 2025 pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the Withheld amount/Retention Money, FSD amount, and EMD amount for the work executed by the petitioner under the scheme HANDRI NEEVE SUJALA SRAVANTI PROJECT, Providing Execution of Work HNSS Package No. 23-(Sub work) Balance works of distributor system including CM and CD works and filed channels for the Distributary from OT, Km 15.325 and Km 19.200 on main canal Kurnool District through Agreement No.04SE/2017-18 dated 03.08.2015 for an amount of Rs. 16,41,323/- and with 18 percentage interest is illegal, arbitrary and contrary to law, violation of principles of natural justice and consequently direct the respondent authorities to release an amount of Rs. 16,41,323/-with interest at 18 percentage for the work Providing Execution of Work HNSS Package No. 23- (Sub work) Balance works of distributor system including CM and CD works and filed channels for the Distributary from OT, Km 15.325 and Km 19.200 on main canal Kurnool District through Agreement No.04SE/2017-18 dated 03.08.2015 for an amount of Rs. 16,41,323/- and to 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 pleased to direct the respondent authorities to release an amount of Rs. 16,41,323/- with interest at 18% for the work executed by the petitioner under the scheme HANDRI NEEVE SUJALA SRAVANTI PROJECT, Providing Execution of Work “HNSS Package No. 23-(Sub work) Balance works of distributor system including CM & CD works and filed channels for the Distributary from OT, Km 15.325 and Km 19.200 on main canal Kurnool District through Agreement No.04SE/2017-18 dated 03.08.2015 for an amount of Rs. 16,41,323/- and to pass Counsel for the Petitioner: 1. MARELLA RADHA Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR IRRI AND CAD 3. GP FOR FINANCE PLANNING 3 VS,J W.P.No.15264 of 2025 The Court made the following Order: The present Writ Petition is came to filed under Article 226 of the Indian Constitution of India seeking the following relief :- <to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the Withheld amount/Retention Money, FSD amount, and EMD amount for the work executed by the petitioner under the scheme HANDRI NEEVE SUJALA SRAVANTI PROJECT, Providing Execution of Work HNSS Package No. 23-(Sub work) Balance works of distributor system including CM and CD works and filed channels for the Distributary from OT, Km 15.325 and Km 19.200 on main canal Kurnool District through Agreement No.04SE/2017-18 dated 03.08.2015 for an amount of Rs. 16,41,323/- and with 18 percentage interest is illegal, arbitrary and contrary to law, violation of principles of natural justice and consequently direct the respondent authorities to release an amount of Rs. 16,41,323/-with interest at 18 percentage for the work Providing Execution of Work HNSS Package No. 23-(Sub work) Balance works of distributor system including CM and CD works and filed channels for the Distributary from OT, Km 15.325 and Km 19.200 on main canal Kurnool District through Agreement No.04SE/2017-18 dated 03.08.2015 for an amount of Rs. 16,41,323/-….= 2. Heard learned counsel for the petitioner, learned Assistant Government Pleader for Irrigation and learned Assistant Government Pleader for Finance & Planning representing the respondents. 3. Learned Assistant Government Pleader for Irrigation has furnished a copy of the instructions of the Executive Engineer, H.N.S.S Division No.IV, Kurnool, vide letter dated 05.01.2026, Wherein it is stated that the Earnest Money Deposit (EMD) of Rs.8,56,000/- and Security Deposits (FSD) of 4 VS,J W.P.No.15264 of 2025 Rs.4,36,158/-, totaling Rs.12,92,158/- are liable to be released to the petitioner. However, such release is contingent upon the petitioner submitting the requisite Hand Receipt (H.R) form, which is a procedural requirement. It is further stated that the delay in the release of the EMD and FSD is solely attributable to the petitioner’s failure to complete the necessary requirements. 4. In view of the above instructions, the Writ Petition is disposed of, directing the respondents No.2 to 6 to release the EMD and FSD upon the petitioner furnishing the requisite Hand Receipt form, within a period of two (02) months from date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________ JUSTICE V.SUJATHA Dated: 06.01.2026 KGR