M/S ARC Enterprises, v. The State of Andhra Pradesh
WP/13182/2026 · 2026-06-22
Harinath N
body2026
DailyLaw.ai
[ 2026 DAILYLAW 3941 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 3941 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Date of reserved for orders : Date of pronouncement : 23.06.2026 Date of uploading : 03.07.2026 APHC010240232026
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: 13182/2026 Between:
1. M/S ARC ENTERPRISES,, REP.BY ITS MANAGING PARTNER, ADAPA VIJAYA KUMAR, S/O LATE RAMACHANDRA RAO AGED ABOUT 38 YEARS, R/O D.NO. 25-2-46/A, ADAPA BAZAAR, R.
AGRAHARAM, GUNTUR
...PETITIONER AND
1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY,
MUNICIPAL ADMINISTRATION DEPARTMENT, A.P SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT - 522237.
2. THE GUNTUR MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, CORPORATION OFFICE, GUNTUR - 522003.
...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 or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the petitioners Earnest Money Deposit (EMD) Balance Earnest Money Deposit Bal EMD Additional Security Deposit ASD of 21 works total Rs.7,47,850/- (Rupees Seven Lakhs Forty-Seven Thousand Eight Hundred and Fifty only) which were to be refunded after the defects observation period of 24 months
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that was expired in the years 2022, 2023, 2024, 2025 on respective works as illegal arbitrary and consequentially direct the 2nd Respondent to pay the said amount of Rs.7,47,850/- (Rupees Seven Lakhs Forty-Seven Thousand Eight Hundred and Fifty only) with interest and 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 2nd Respondent herein to consider the representations of the petitioners made on 27.01.2026, 11.02.2026, 06.03.2026 and 13.04.2026 and release all the deposits and claimed interest, pending disposal of the main Writ Petition and to pass Counsel for the Petitioner:
1. VENKATA DURGA RAO ANANTHA Counsel for the Respondent(S):
1. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following:
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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) and Final Security Deposit (FSD).
It is submitted that the petitioner has executed the following works entrusted by the respondents: (1) Construction of Rooms and Improvement of water Supply and Electrification and Amenities in Div No:29 under AE-3 section Under 15th Fc Grant, (2) GGMP- Providing CC Road and Drain at Ramanamakshetram 4th lane in Div No:18, (3) Arrangement stainless of steel Ladder at Potti Sri Ramulu statue at Municipal Travelers bunglow opp in div No. 23, (4) Construction RCC culvert beside Venkateswara Swami Temple in Div No18&19, (5) APCMMS- Providing CC patches at ward secretariat No.66 and 68 in div No.20 under AE-4 Sec, (6) GGMP- Construction of CC Drain, Road and GI Pipe lane at Srinivasa Rao Pet 6th lane in Division No18, (7) Supply, delivery and fixing of 15HP Motors with specials Chowdavaram at pump House and Dasari Palem Raw water Pump House for lifting of Irrigation cannel water from canal to Dasari Palem pond distribution of Drinking water to Chowdavaram area in Din No:26 under AE-9 section, (8) Repairs and improvements to traffic island at etu road near darga on GT road in AE-4 sec, (9) Repairs and improvements to traffic island at ettu road NH-16 Junction in AE-4 23 sec, (10) Improvements of island at ettu road (near petrol bunk) in Div no.18 under AE-4 sec, (11) Construction of UGD manholes at various places in AE-4 Sec, (12) Shifting replacement and of 200mm, 250mm and 300mm DI pipe lane at Ramanamakshtrem main road entrance culvert near Sri Venkateswara Swamy Temple in AE-4 Sec, (13) Construction of CC drain at vidya nagar 1st lane extension in Din No43, (14) Providing hot mix BT road construction RCC culvert to vidya nagar 4 1st lane extension chennakesava from Apartment Anjaneya to swamy temple in Din No. 43, (15) Providing CC Platforms for fixing of Carbon filters and Activate carbon filters tanks at chowdavaram SC colony cheruvu area in Division No:26 under AE-9sec, (16) GGMP-Providing Bore well (Rotary) at Srinivasa rao Peta 1st lane in Division No:18 D-NO:84-10-670 Under AE-4 Sec, (17) Construction of CC Drains and RCC culvert at syamala nagar 2nd lane in Division No:36, (18) Providing power bore well at Erra cheruvu in Palakaluru in Div No:40 under AE-12 sec, (19) Providing borewell with submersible motor and filling gravel and dust all around to UPHC at reddypalem in division no 48 under AE-6 section, (20) Supply and delivery and fixing of
sluice valve and raising valve pits at sarada colony reservoirs in division no 50 under AE-6 section and (21) Repair and renovation of AC sheet roof class rooms kakumanu vari thota municipal elementary school in division no 50 under AE-6 section. 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. 3. Heard the submissions of the learned counsel for the petitioner, the learned Government Pleader for Municipal Administration and Urban Development Department and Sri A.S.C. Bose, learned Standing Counsel for the respondent Corporation. 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
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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) and (FSD) payments due and payable to the petitioner as expeditiously as possible, 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 ☑