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2026 DAILYLAW 5090 (AP)

Y.RAMESH BABU v. The State of Andhra Pradesh,

WP/18104/2026 · 2026-07-06

Harinath N

body2026

Judgment text

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Date of reserved for orders : Date of pronouncement : 07.07.2026 Date of uploading : APHC010336712026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY, THE 7th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18104/2026 Between: 1. Y.RAMESH BABU, S/O. KRISHNA MURTHY, AGED 50 YEARS, R/O. 10-10-24/1, ZENDA CHETTU BAZAR, CHENCHUPET, TENALI, GUNTUR DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH-522237. 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHL, GUNTUR DISTRICT, ANDHRA PRADESH-522237. 3. THE VIJAYAWADA MUNICIPAL CORPORATION, VIJAYAWADA, NTR DISTRICT, REPRESENTED BY ITS COMMISSIONER-520001. 4. THE SUPERINTENDING ENGINEER, VIJAYAWADA MUNICIPAL CORPORATION, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH-520001. 5. THE EXECUTIVE ENGINEER, VIJAYAWADA MUNICIPAL 2 CORPORATION, VIJAYAWADA, NTR DISTRICT, ANDHRA PRADESH -520001. ...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 an appropriate writ or order or a direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents, withholding the payment of bill amounts Rs 7,82,262/- (Seven Lakhs Eighty Two Thousand Two Hundred and Sixty Two Rupees) even after finalizing the bills payable to the petitioner in relation to the work under BPS/LRS Grant i.e., Development of Walking track at Krishna River Front from Varadhi Junction to Ramalingeswara Nagar DP Station vide Agreement No.67/2022-23 dated 17.03.2023 (M. Book Value of Rs 7,82,262/- ) as well as not refunding the deposits in the form of EMD and FSD an amount of Rs. 2,91,968/- is questioned, as the same is illegal, arbitrary, unjust, unreasonable and unconstitutional and consequently direct the respondents to consider the payment of amounts Rs 7,82,262/- (Seven Lakhs Eighty-Two Thousand Two Hundred and Sixty-Two Rupees) as well as refund of the deposit amount in the form of EMD and FSD an amount of Rs. 2,91,968/- with respect to the above said work along with 12percent interest per annum for the delay in releasing amount to the petitioner in respect of execution of work above mentioned forthwith 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 consider the payment of amounts Rs 7,82,262/- (Seven Lakhs Eighty-Two Thousand Two Hundred and Sixty-Two Rupees) as well as refund of the deposit amount in the form of EMD and FSD an amount of Rs. 2,91,968/- with respect to the above said work along with 12% interest per annum for the delay in releasing amount to the petitioner in respect of execution of work above mentioned forthwith, pending disposal of the main writ petition and pass such Counsel for the Petitioner: 1. MOHAMMAD IRFAN Counsel for the Respondent(S): 3 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. GP FOR FINANCE PLANNING The Court made the following: 4 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 was entrusted with the work of Development of Walking track at Krishna River Front from Varadhi Junction to Ramalingeswara Nagar DP Station, vide Agreement No.67/2022-23 dated 17.03.2023. 2. It is submitted that the petitioner had completed the work 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 work and the amounts due and payable to the petitioner in the M-Book. It is submitted that the competent respondent authority has certified the quality of the work completed by the petitioner and has also issued a Quality Control Certificate. However, the respondents are yet to release the amounts 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, Sri S.V.S.S.Siva Ram, learned Standing Counsel for the respondent Corporation, and the learned Assistant Government Pleader for Finance and Planning. 5 4. During the course of hearing, the learned Standing Counsel appearing for the respondent Corporation submits that the work has 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 (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 07.07.2026 PNS Whether the order is: Speaking Reasoned ☑ Reportable Non-reportable ☑