APHC010698382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 36134/2025 Between: 1. M/S.SRI VIGNESWARA CONSTRUCTIONS,, REP.BY. MANAGING PARTNERV. SURESH REDDY, S/O V.RAMANJANEYA REDDY, AGED 36 YEARS, D.NO.25-27, SANJEEVA NAGAR, NANDYALA, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT (MA AND UD), A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT-522238. 2. THE MACHILIPATNAM MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER, MACHILIPATNAM, O/O SRINIVAS NAGAR COLONY, MACHILIPATNAM, KRISHNA DISTRICT, ANDHRA PRADESH- 521001. 3. THE MUNICIPAL ENGINEER, MACHILIPATNAM MUNICIPAL CORPORATION, O/O SRINIVAS NAGAR COLONY, MACHILIPATNAM, KRISHNA DISTRICT, ANDHRA PRADESH- 521001. 4. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE AND PLANNING, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT- 522238. 2 ...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 to issue a Writ, Order or Direction, more particularly one in the ature of Writ of Mandamus, declaring the action of the of respondents not releasing the Earnest Money Deposit (EMD) and Financial Security Deposit (FSD) pertaining to the works executed by the petitioner namely (i) Providing 200 mm dia DI K9 Clear Water Pumping Main from Head Water Works to Sarada Nagar ELSR (2nd Call)' and (ii) Providing 200 mm dia DI K9 Clear Water Pumping Main from Rajupet to Ogispeta ELSR (Proposed) (2nd Call) the petitioner has completed the said works in the year 2022, and the same have been duly recorded in the Measurement Books. Despite completion of the works and submission of a representation dated 16.10.2025 requesting release of the EMD and FSD, the respondents have failed to release the amounts till date. The inaction of the respondents in withholding the Earnest Money Deposit and Financial Security Deposit is illegal, arbitrary, unreasonable and violative of Articles 14, 19(1)(g), 21 and 300-A of the Constitution of India and consequently direct the respondents to releasing the Earnest Money Deposit (EMD) and Financial Security Deposit (FSD) amounts under agreements enter between the petitioner and respondents and pass such 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 may be pleased to direct the respondents to consider the petitioner representation dated 16.10.2025 and releasing the Earnest Money Deposit (EMD) and Financial Security Deposit (FSD) amounts under agreements enter between the petitioner and respondents, expeditiously within 4 weeks and pass such Counsel for the Petitioner: 1. GORANTLA MALLESWARA REDDY Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. GP FOR FINANCE PLANNING The Court made the following: 3 Order: Learned counsel for the petitioner submits that the petitioner is aggrieved by the inaction on the part of the respondents in releasing the Earnest Money Deposit (EMD) and Final Security Deposit (FSD) amounts. It is submitted that the petitioner was awarded the two works, namely: (i) Providing 200 mm dia DI K9 Clear Water Pumping Main from Head Water Works to Sarada Nagar ELSR (2nd Call), and (ii) Providing 200 mm dia DI K9 Clear Water Pumping Main from Rajupet to Ogispeta ELSR (Proposed) (2nd Call). The petitioner has completed the said works in the year 2022 as entrusted by the respondents, and the final bills have been submitted and the bills have also been cleared. Further, it is submitted that the competent authority has recorded the progress of the works and certified the same in the M-Book. However, the respondents have so far not released the EMD and FSD amounts. 2. Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Municipal Administration and Urban Development, the learned Standing Counsel for the Machilipatnam Municipal Corporation and the learned Assistant Government Pleader for Finance and Planning. 3. During the course of hearing, the learned Standing Counsel appearing for the Machilipatnam Municipal Corporation does not dispute the submissions made by the petitioner with respect to the completion of the works undertaken and that the non-payment of bills is due to paucity of funds. 4 4. Considering the submissions, the respondents are hereby directed to release the EMD and FSD amounts to the petitioner within a period of four (04) weeks from the date of receipt of a copy of this order. 5. Accordingly, the Writ Petition is disposed of. No costs. 6. Pending miscellaneous petitions, if any, shall stand closed. ______________________ JUSTICE HARINATH.N 06.01.2026 PNS