Date of reserved for orders : Date of pronouncement : 23.06.2026 Date of uploading : 03.07.2026 APHC010301222026 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: 16097/2026 Between: 1. DEGA SURESH, S/O.ANJANEYULU, AGE 45 YEARS, 14-263,CHURCH STREET, EAST GUDUR,GUDUR,SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, MUNCIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR.522238 2. THE GUDUR MUNICIPALITY, REP.BY ITS COMMISSIONER,NELLORE, SPSR NELLORE DISTRICT.5.24001 3. EXECUTIVE ENGINEER, THE GUDUR MUNICIPALITY, GUDUR SPSR NE LORE DISTRICT. 4. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR 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 2 pleased to issue order or orders, direction or directions, Writ or Writs particularly one in the nature Writ of Mandamus 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 undertake the works, even completing the observation period amouting to Rs.11,47,0101- (Rupees Eleven Lakhs Forty Seven Thousand Ten 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 24percent and to pass such 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. 11,47,0101- (Rupees Eleven Lakhs Forty Seven Thousand Ten only) towards payment of deposited amounts for the contract works under taken by the petitioner long back, pending disposal of main WP No. of 2026 and to pass such Counsel for the Petitioner: 1. DEVASRI ROSHAN KANCHARLA 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 paying the amounts towards Earnest Money Deposit (EMD) @ 2.50%, Final Security Deposit (FSD) @ 2.50%, and Bank Guarantee 1%. It is submitted that the petitioner has executed the following works entrusted by the respondents: (1) Gudur Municipality-SC SP Grant-Providing Internal CC Roads and Drains in Ward no. 0.25, (2) Gudur Municipality-SC SP Grant- Providing internal CC Roads and Drains in ward no.8, (3) Gudur Municipality-SC SP Grant -Providing CC Roads and Drains in ward no.22, (4) Gudur Municipality-SC SP Grant-Providing CC Storm water Drain in ward no.10, (5) Gudur Municipality-SC SP Grant-Providing CC Roads and Drains in wards no.6, (6) Gudur Municipality-SC SP Grant -Providing Internal CC Roads and Drains in Ward no.1 and (7) Gudur Municipality-Providing CC Roads and cc drains in wards no.20,22 and 24 under TSP Graints for the year 2016-17. 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 G. Laxmi Narayana, learned Standing Counsel 4 for the respondent Municipality, and the learned Assistant Government Pleader for Finance and Planning. 4. During the course of hearing, the learned Standing Counsel appearing for the respondent Municipality 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), (FSD) and Bank Guarantee 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 ☑