APHC010694262025 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY,THE TWENTY THIRD DAY OF MARCH TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between: 1. ARAEN CHERUVU VISWANATH, S/O. A.C. RAMANJINEYULU, AGED ABOUT 39 YEARS, OCC CONTRACTOR, R/O. D. NO. 2/218, B.YALERU VILLAGE, ATMAKUR MANDAL, ANANTAPURAMU DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY (IRRIGATION DEPARTMENT) SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.PIN522238. 2. 2. THE STATE OF ANDHRA PRADESH, T 3. THE DEPUTY CHIEF ENGINEER IRRIGATION, WATER RESOURCES DEPARTMENT, VIJAYAWADA. KRISHNA DISTRICT 4. THE SUPERINTENDENT ENGINEER, WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE, ANANTAPURAMU DISTRICT.PIN515001. 5. THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, I.B DIVISION, ANANTAPURAMU.PIN515001. 6. 6. THE CHAIRMAN, SYSTEM ( CFMS STATE OF ANDHRA PRADESH, IBRAHIMPATNAM, VIJAYAWADA.PIN52145 Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed there W.P.NO.36520 of 2025 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY THIRD DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 36520/2025 ARAEN CHERUVU VISWANATH, S/O. A.C. RAMANJINEYULU, AGED ABOUT 39 YEARS, OCC CONTRACTOR, R/O. D. NO. 2/218, B.YALERU VILLAGE, ATMAKUR MANDAL, ANANTAPURAMU ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY (IRRIGATION DEPARTMENT) SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.PIN522238. 2. THE STATE OF ANDHRA PRADESH, T THE DEPUTY CHIEF ENGINEER IRRIGATION, WATER RESOURCES DEPARTMENT, VIJAYAWADA. KRISHNA DISTRICT PIN520002. 4. THE SUPERINTENDENT ENGINEER, WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE, ANANTAPURAMU DISTRICT.PIN515001. THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, I.B DIVISION, ANANTAPURAMU.PIN515001. 6. THE CHAIRMAN, COMPREHENSIVE FINANCIAL MANAGEMENT SYSTEM ( CFMS STATE OF ANDHRA PRADESH, IBRAHIMPATNAM, VIJAYAWADA.PIN52145 ...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 RC,J W.P.NO.36520 of 2025 IN THE HIGH COURT OF ANDHRA PRADESH [3332] MONDAY,THE TWENTY THIRD DAY OF MARCH THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI ARAEN CHERUVU VISWANATH, S/O. A.C. RAMANJINEYULU, AGED ABOUT 39 YEARS, OCC CONTRACTOR, R/O. D. NO. 2/218, B.YALERU VILLAGE, ATMAKUR MANDAL, ANANTAPURAMU ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY (IRRIGATION DEPARTMENT) SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR THE DEPUTY CHIEF ENGINEER IRRIGATION, WATER RESOURCES PIN520002. 4. THE SUPERINTENDENT ENGINEER, WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE, ANANTAPURAMU THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, COMPREHENSIVE FINANCIAL MANAGEMENT SYSTEM ( CFMS STATE OF ANDHRA PRADESH, ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the with, the High Court may be RC,J W.P.NO.36520 of 2025 2 pleased toPleased to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not returned the EMDs and FSDs with respect to the agreements vide Agreement No. 176/2016-17 dated 11.07.2016, Agreement No. 178/2016-17 dated 11.07.2016, Agreement No. 253/2016-17 dated 12.08.2016, Agreement No. 261/2016-17 dated 26.08.2016, Agreement No.262/2016-17 dated 27.08.2016, Agreement No.264/2016-17 dated 29.08.2016, Agreement No. 421/2016-17 dated 08.11.2016, Agreement No. 516/2016-17 dated 24.11.2016, Agreement No. 518/2017-18 dated 29.11.2017 and Agreement No. 749/2016-17 dated 27.03.2017 as EMD for the Agreements which are mentioned above, which was paid by the Petitioner for the contracts executed by the Petitioner as illegal, arbitrary, violation of principles of natural justice, violation of Articles 14, 19(1)(g) and 21 of the Constitution of India and also violation of GO MS No. 266 dated 15-02-2021 aad Memo No 1279341/FMU- WR.1/2020 dated 18-02-2021 and consequently direct the Respondents to return the EMDs and FSDs for above said works which was paid by the Petitioner 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 Counsel for the Petitioner: 1. SHAIK THABASUM Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 2. GP FOR FINANCE PLANNING The Court made the following: RC,J W.P.NO.36520 of 2025 3 ORDER The writ petition is filed questioning the inaction of the respondent authorities in returning the EMD & FSD in respect of the contract works executed by the petitioner. 2. Heard Ms. Shaik Thabasum, learned counsel for petitioner, and the learned Assistant Government Pleader for Irrigation. 3. Learned Assistant Government Pleader, on counter, submitted that the authorities have admitted the balance amount due to the petitioner at Rs.2,57,019/- and sought two (02) months’ time for payment of the balance amount due. 4. Ms.Shaik Thabasum, learned counsel for petitioner, reported no objection for receiving the amount stated in the counter and also for granting time as sought for by the learned Assistant Government Pleader. 5. In view of the above, this writ petition is disposed of, directing the authorities concerned to pay to the petitioner the amount of Rs.2,57,019/- to the petitioner as expeditiously as possible, at any rate not later than two (02) months from the date of receipt of copy of this order. There shall be no order as to costs. Consequently, miscellaneous petitions pending, if any, shall also stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI 23rdMarch, 2026. RR