APHC010581802025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 30289/2025 Between: 1. SRM CONSTRUCTIONS, REPRESENTED BY PROPRIETOR SMT. MRS SRIDEVI, W/O M. SRINIVAS, AGED 50 YEARS, OCC CONTRACTOR, DOOR NO.24-12-28, PEDDADAVARI STREET, SRIRANIA PURAM, BHIMAVARAM, WEST GODAVARI DISTRICT. 2. BOLLAM SESHAGIRI RAO, S/O ABADDAM, AGED 48 YEARS, OCC CIVIL CONTRACTOR, R/O FLAT NO 202, PRIDES VIRGO CLASSICS AVENUE NEAR SYNDICATE BANK. RING ROAD, VIZIANAGARAM. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATHI. GUNTUR DIST., 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DIST., 3. THE ENGINEER IN CHIEF, IRRIGATION DEPARTMENT, AMARAVATHI, GUNTUR DIST 4. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT AT ELURU 2 VS,J W.P.No.30289 of 2025 5. THE SUPERINTENDENT ENGINEER, WATER RESOURCES DEPARTMENT, ELURU CIRCLE, ELURU. 6. THE EXECUTIVE ENGINEER, G.W. DIVISION, NIDADAVOLE WEST GODAVARI DIST. ...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 order or orders, direction or directions. Writ or Writs particularly one in the nature Writ of Mandamus or any appropriate writ and to declare the action of the respondents in not re paying the EMD, FSD and ASD amounts deposited for execution of works under 1) Agreement No 15/21-22, 2) Agreement No 16/21-22, 3) Agreement No 71/22-23, 4) Agreement No.68/22-23, 5) Agreement No 69/22-.23, 6) Agreement No.70/22-23, 7) Agreement No 34/23-24, 8) Agreement No 35/23-24, 9) Agreement No.36/23-24 and 10) Agreement No,37/23-24 of Rs.7.86,795/- to the petitioner with 6 percent interest till the date of final payment from, the date of completion of respective works, as illegal, arbitrary, violation of principles of natural justice and violative of Article 14, 19 (i) (g) and 21 of the Constitution of India, consequently direct the respondents to release the amount for the above completed works immediately with 6 percent interest 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 respondents to repay the amount of Rs.7,86,795/- towards payment of above deposited amounts deposited for the contract works, under taken by the petitioners long back, pending disposal of main writ petition pending disposal of the above writ petition and to pass Counsel for the Petitioner(S): 1. K L N SWAMY Counsel for the Respondent(S): 3 VS,J W.P.No.30289 of 2025 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING The Court made the following: 4 VS,J W.P.No.30289 of 2025 ORDER: This Writ Petition came to be filed under Article 226 of the Constitution of India, seeking the following prayer: <to issue order or orders, direction or directions. Writ or Writs particularly one in the nature Writ of Mandamus or any appropriate writ and to declare the action of the respondents in not re paying the EMD, FSD and ASD amounts deposited for execution of works under 1) Agreement No 15/21-22, 2) Agreement No 16/21-22, 3) Agreement No 71/22-23, 4) Agreement No.68/22-23, 5) Agreement No 69/22-.23, 6) Agreement No.70/22-23, 7) Agreement No 34/23-24, 8) Agreement No 35/23-24, 9) Agreement No.36/23-24 and 10) Agreement No,37/23-24 of Rs.7.86,795/- to the petitioner with 6 percent interest till the date of final payment from, the date of completion of respective works, as illegal, arbitrary, violation of principles of natural justice and violative of Article 14, 19 (i) (g) and 21 of the Constitution of India, consequently direct the respondents to release the amount for the above completed works immediately with 6 percent interest and to pass= 2. The petitioners had been awarded the contract of various works by the Irrigation department vide agreement (i) No:15/2021-22, dated 17.06.2021, (ii) No:16/2021-22, dated 17.06.2021, (iii) No:71/2022-23, dated 14.06.2022, (iv) No:68/2022-23, dated 13.06.2022, (v) No:69/2022-23, dated 13.06.2022, (vi) No:70/2022-23, dated 13.06.2022, (vii) No:34/2023-24, dated 07.06.2023, (viii) No:35/2023-24, dated 07.06.2023, (ix) No:36/2023-24, dated 07.06.2023 and (x) No:37/2023-24, dated 07.06.2023. Though the petitioners were paid the amounts payable to them for the works executed, in compliance to the 5 VS,J W.P.No.30289 of 2025 orders passed by this Court in the writ petitions filed by the petitioners, the respondents have not released the deposits and securities i.e., EMD, FSD and ASD. As the payment of the said amount has not been made by the respondents, the petitioner has approached this Court by way of this writ petition. 3. It is the contention of the petitioner that though the respondents are liable to release the EMD, FSD and ASD amounts, no payment is being made. The petitioner contends that such non-payment of money is clearly arbitrary and high-handed requiring the interference of this Court. 4. This Court, in various orders, including the judgment of a learned Single Judge of this Court dated 05.10.2021 in W.P.No.10038 of 2021 and batch had taken the view that such non-payment of dues is arbitrary and that such dues need to be cleared by the respondents at the earliest. 5. On the other hand, learned Assistant Government Pleader for Irrigation furnished a copy of instructions of the 6th respondent wherein it is stated that the refund of deposits covered under agreement No:15/2021-22 for an amount of Rs.58,227/- was paid to the petitioners on 30.09.2025 vide CFMS Bill No:2025-576307. It is further stated that petitioners have not submitted any further bills and that they have to submit the A.P.T.C. Form - 64 duly singed to the concerned Assistant Executive Engineer. Upon receipt of the same, the Assistant Executive Engineer submits such bills to the 6th respondent. 6 VS,J W.P.No.30289 of 2025 6. It appears from the instructions of the 6th respondent that the petitioners were paid an amount of Rs.58,227/- which are the deposits covered under agreement No.15/2021-22, on 30.09.2025. However, it can be seen that the petitioners have not approached the concerned Assistant Executive Engineer along with A.P.T.C. Form and hand receipt duly signed. As such, instead of keeping the writ petition pending, this writ petition is disposed of directing the petitioners herein to approach the concerned Assistant Executive Engineer along with A.P.T.C. Form and hand receipt duly signed by them, for refund of the deposits covered under the remaining agreements, within a period of two (2) weeks from the date of receipt of a copy of this order and upon receipt of the same, the respondents shall release the amounts payable to the petitioners, as expeditiously as possible, in accordance with law. 7. Accordingly, with the above direction, this writ petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Petition shall stand closed. _____________________ JUSTICE V.SUJATHA 07.01.2026 Gss