Date of reserved for orders : Date of pronouncement : 23-06-2026 Date of uploading : 04-07-2026 APHC010681022025 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: 35278/2025 Between: 1. KCV CONSTRUCTIONS, REP BY MANAGING PARTNER, P KRANTHI CHAKRAVARTHY, S/O P GOVINDU, AGED 34 YEARS, D.NO. 16-22-79, PALLAM RAJU NAGAR, KAKINADA, EAST GODAVARI DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR. 2. KAKINADA MUNICIPAL CORPORATION, REP.BY ITS COMMISSIONER, KAKINADA KAKINADA DISTRICT- 533001 3. KAKINADA MUNICIPAL CORPORATION, REP. BY THE EXECUTIVE ENGINEER, 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 DISTRICT. ...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 undertake the works, even completing the observation period amounting to. Rs.28,21,442/- (Rupees Twenty Eight Lakhs Twenty One Thousand Four Hundred and Forty Two 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 24 percent 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 pleased to direct the respondents to release the amount of Rs.28,21,442/- (Rupees Twenty Eight Lakhs Twenty One Thousand Four Hundred and Forty Two only) towards payment of deposited amounts for the contract works under taken by the petitioner long back, pending disposal of main WP no of 2025 and to pass Counsel for the Petitioner: 1. DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1. M Krishna Rao SC for skl vzm kkd Municipal Corporations 2. GP MUNCIPAL ADMN AND URBAN DEV AP 3. GP FOR FINANCE PLANNING The Court made the following: ORDER:- Learned counsel for the petitioner submits that the petitioner is aggrieved by the non-refund of the EMD and FSD amounts deposited by the petitioner for the various works which were entrusted to the petitioner. It is submitted that as many as 29 works were entrusted to the petitioner and that the respondent authorities have released all the payments due for the said works. However, the EMD and FSD amounts have been lying with the respondents till date. 2. The learned Standing Counsel appearing for respondent Nos.2 and 3 has submitted written instructions before this Court and as seen from the instructions, it is evident that the EMD and FSD amounts are lying with the respondents and that the same shall be released at the earliest possible time. 3. Considering the submissions and also considering the written instructions, no purpose would be served by retaining EMD and FSD amounts for the works completed by the petitioner beyond the defect liability period is over and also considering the admission of the dues payable, the writ petition stands disposed of, directing the respondents to release the admitted EMD and FSD amounts within a period of six weeks from the date of receipt of a copy of this order. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N Dt: 23.06.2026 SR