Date of reserved for orders : Date of pronouncement : 23.06.2026 Date of uploading : 03.07.2026 APHC010301492026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY, THE 23rd DAY OF JUNE 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 16108/2026 Between: 1. M/S.P.E. CHINNAIPALEM UPPARA LABOUR CONTRACT CO- OPERATIVE SOCIETY LIMITTED, KAKINADA. REP BY PRESIDENT, T. JAGANNADHAM S/O.T.RAMULU ,AGE 38 YEARS, D.N0.16-23- 37/4B1 ,AYODHYA NAGAR. ROAD NO.3,KAKINADA, EAST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR.522238 2. THE KAKINADA MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER, KAKINADA, KAKINADA DISTRICT.533001 3. EXECUTIVE ENGINEER, THE KAKINADA MUNICIPAL CORPORATION, KAKINADA KAKINADA DISTRICT.533001 4. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR 2 DISTRICT. 522238 ...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 order or orders, direction or directions, Writ or Writs particularly one in the nature Writ of Mandamous or any appropriate writ declare the action of the respondents in not refunding the deposited amounts as deposited at the time of contract, as security to under take the works, even completing the observation period amounting to Rs. 5,80,237/- (Rupees Five Thousand Two Hundred and Thirty Seven Lakhs Eighty only) to the petitioner with interest, till the date of refund from the date of completion of respective observation periods, as illegal, arbitrary violation of principles of natural justice and violative of Article 14, 19(i) (g), 21 of the Constitution of India, consequently direct the respondents to release and repay the deposited amounts for the above works immediately with interest of 12 percent and to pass IA NO: 1 OF 2026 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 to release the amount of Rs.5,80,237/- (Rupees Five Lakhs Eighty Hundred and Thirty Seven only) towards payment of deposited amounts for the contract works under taken by the petitioner long back, pending disposal of main WP No. pass Counsel for the Petitioner: 1. DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 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 paying the amounts towards Earnest Money Deposit (EMD) @ 2.50%. It is submitted that the petitioner has executed the following works entrusted by the respondents: (1) Providing C.C.Road and construction C.C.Drain and RCC Culvert at Ganesh nagar in 24th division, (2) Laying of CC surface road at Kumar beside road in 30th division, (3) Providing C.C. Road at D.No.48-8-8 in 16th division, (4) Construction of internal CC Drain at mehar Nagar, Dwaraka Nagar and Andhra Bank street of 44th division, (5) Construction of CC Drains at Kasayipeta in 18th division, (6) Providing C.C. Road and C.C.Drain at D.No. 70-18-4/1 and Thota Subbarao Park East side First cross Road in 2nd division, (7) Providing C.C. Road at Kamela Vari Street D.No.48-3-15 in 16th division, (8) Providing Gravel and gate at Santhi nagar in 7th division, (9) Construction of C.C. drain and RCC Culvert from Madhura nagar Junction cross Road to Nethaji street in Behind of Gokulam Temple in 47th Division, (10) Construction of C.C. drain and RCC Culvert from RR Nagar door No. 70-17-29/1 in 2nd division, (11) Laying of CC road from Masid Road, Talatam vari street, Boat Club East side and Vinayaka Nagar Park back side in 1st division, (12) Construction of C.C.Road from Lakshmi Ganapathi Alayam street Temple back side of Il Cross road for main road both side South to North and North to South in 48th Division, (13) Providing CC Road at D.No.48-1-38 in 18th division, (14) Construction of C.C. Drain and C.C. road from Madhura nagar Main road of 2nd cross road south to north in 49th Division, (15) Providing C.C. Surface road at Kacheripeta in 38th division from Ambedhar Street behind of old bus stand, 4 (16) Providing CC drain and road from D.No.3-11-76/1 to D.NO.3-11-76/26 Kalarapakala masjid opposite street in 6th division, (17) Providing C.C. Surface road at D.No. 3-17-57 to D.No. 3-17 124 Durga Nagar in 9th Division, (18) Construction of internal CC Drain at gudimetla vari street in 7th division, (19) Raising of compound wall at Pemmadi vari street to Anjanyaswamy temple at 14th division, (20) Providing internal CC road from D.No.16-17-160/2 to 16-14-85 at tarakarama nagar, Dummulapeta in 10th division, (21) Laying of internal CC road at 10B Sachivalayam to railway track of dummulapeta in 10th division, (22) Providing CC drain at west side of Lachiraju treet from D.No. 5-7-12/1 to D.no. 5-6-7 in 35th Division, (23) Providing C.C. drains and RCC culverts at Kamala vari street in 16th Division, (24) Providing CC road, CC drain and RCC culverts at bathinavari peta and khadar khan street-1 in 26th division, (25) Construction of C.C. road and CC drains from D.no. 62-10- 95F to 62-10-90/9 at Satyavedha colony 20th division, (26) Providing Walking Track, Filling, Painting to compound wall & Kerb wall and beaches for 7 hills park & compound wall repair work and paintings to compound wall for sagar welfare park of 8th division, (27) Formation of wet mix road at Dumping Yard of 12th Division, (28) Construction of road and drain at police line street of 31st division, (29) Construction of C.C. road and CC drain at teachers colony 1st and 4th street 42nd division, (30) Providing gravel filling for road side low laying area berms at 1 to 6th division, (31) Removal of Silt in starm water drain at Nookalamma Gudi Manyam to mother Therisa Statue, (32) Construction of GYM Building at beside Fire office road church Square area in 17th Division, (33) Providing C.C. Surface road at Durga nagar 1st cross road in 9th division, (34) Providing CC drain and RCC culverts at D.No. 70-15-86/7A to 70-15-10 and 70-15-84 Santhanapuri colony in 3rd division, (35) Providing CC drain and RCC 5 culverts at Mummidivari Street East side in 33rd division and (36) Providing C.C. Surface road at Kacheripeta in 38th division from C.P.I. Office opposite road. 2. It is submitted that the petitioner had completed the works entrusted to him and that the competent authority of the respondents had also approved the payments due and payable to the petitioner. The respondents have also recorded the progress of the works and the amounts due and payable to the petitioner in the M-Book. 3. Heard the submissions of the learned counsel for the petitioner, the learned Government Pleader for Municipal Administration and Urban Development Department, Sri M. Krishna Rao, learned Standing Counsel for the respondent Corporation, and the learned Assistant Government Pleader for Finance and Planning. 4. During the course of hearing, the learned Standing Counsel appearing for the respondent Corporation submits that the works have been completed and that the petitioner has also submitted the final bills and the amounts due and payable to the petitioner have been duly admitted. It is submitted that further funds are awaited and that, soon after the release of the funds, the bills due and payable to the petitioner shall be cleared. 5. Recording the submissions, this writ petition is disposed of at the admission stage, directing the respondents to verify and release the (EMD) payments due and payable to the petitioner as expeditiously as possible, 6 preferably within a period of six (06) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. 6. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 23.06.2026 PNS Whether the order is: Speaking Reasoned ☑ Reportable Non-reportable ☑