APHC010366662026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY, THE 21st DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19832/2026 Between: 1. SHAIK JAVEED ALI, S/O. SHAIK SYED AHAMED, AGED ABOUT 36 YEARS, R/O.D.NO. 2-173, BASHA STREET, NEAR OSMANIA COLLEGE ROAD, KURNOOL,KURNOOL DISTRICT-518001. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT SECRETARIAT, VELAGAPUDI, AMARAVATHI, THULLUR MANDAL, GUNTUR DISTRICT-522238. DEPARTMENT 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, THULLUR MANDAL, GUNTUR DISTRICT-522238. 3. THE DIRECTOR OF WORKS AND ACCOUNT OFFICER, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT. 4. THE DISTRICT COLLECTOR, KURNOOL, KURNOOL DISTRICT- 518001. 5. THE COMMISSIONER, KURNOOL MUNICIPAL CORPORATION, KURNOOL, KURNOOL DISTRICT-518001. 6. THE EXECUTIVE ENGINEER, KURNOOL MUNICIPAL CORPORATION, KURNOOL, KURNOOL DISTRICT-518001. ...RESPONDENT(S): 2 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 of mandamus or any other appropriate writ or direction declaring the action of the Respondents in not releasing the total pending Amount of Rs.62,811/- 1) Rs. 4,542/- (Rs.2,375/- (EMD) and Rs. 2,167/- (FSD)) vide Agreement.No. 119/2014-15, dated 24.07.2014 2) Rs. 8,721/- (Rs.2,475/- (EMD) and Rs. 6,246/-(FSD)) Vide Agreement.No.36/2012-13, dated30.08.2012 Rs.4,612/- Vide Agreement. No. 208/2012-13, dated 19.11.2012, 4) Rs.4,481/- (Rs.2,178/- (EMD) and Rs. 2,303/- (FSD)) vide Agreement No. 204/2012-13, dated 19.11.2012, 5) Rs.4,518/- (Rs.2,425/- (EMD) and Rs. 2,093/- (FSD)) vide Agreement No. 120/2014-15, dated 24.07.2014, 6) Rs.9,317/- (Rs.2,475/- (EMD) and Rs. 6,842/- (FSD)) vide work order Roc.No. 2626/TO/DB/2017 dated 12.09.2017, 7) Rs.8,706/- (Rs.2,425/- (EMD) and Rs. 6,281/- (FSD)) vide Agreement No. 42/2012-13, dated 14.09.2012, 8) Rs.4,761/- (Rs.2,450/- (EMD) and Rs. 2,311/- (FSD)) vide Agreement No. 210/2012-13, dated 19.11.2012, 9) Rs.4,775/- (Rs.2,327/- (EMD) and Rs. 2,448/- (FSD)) vide Agreement No. 205/2012-13, dated 19.11.2012, 10) Rs.8,378/- (Rs.2,200/- (EMD) and Rs. 6,178/- (FSD)) vide Agreement No. 54/2012-13, dated 17.09.2012, for the works done under Municipal Corporation Department, even after completion of defect liability period, refund payable to the petitioner in relation, as the same is illegal, arbitrary, arbitrary and violation of Articles 14, 16 and 21 of the Constitution of India and consequently direct the respondents to pay the total amount of Rs. 62,811/- 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 respondents to release total pending Amount of Rs. 62,811/-, the refund of 1% and 1.5% of Earnest Money Deposit (EMD) and FSD as total pending Amount of Rs. 62,811/- pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. ANNAMNEEDI BALAKRISHNA Counsel for the Respondent(S): 1. POTHAM VENGALA REDDY SC For M.Corporation in Rayalaseema region In 3 2. GP MUNCIPAL ADMN AND URBAN DEV AP 3. 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 FSD. It is submitted that the petitioner has executed the following works entrusted by the respondents: 1) Providing Sanitary fixing to public toilet at Kummari Public toilet for gents in ward No.13, vide Agreement No.119/2014- 15, dated 24.07.2014, 2) Providing MS grills at various places D.No.12/27 & 52/128 Bekarkatta and Khalla area public toilet, vide Agreement No.36/2012-13, dated 30.08.2012, 3) Laying of Flooring and providing RCC slab for septic tank at Kummarigeri public toilet, vide Agreement No.208/2012-13, dated 19.11.2012 4) Providing water supply arrangements to Kummarigeri public toilets in ward No. 13, vide Agreement No.204/2012-135, dated 19.11.2012 5) Restoration, repairs and improvements of CC Drain & CC patches from D.No. 36/46/101 to public toilets near Subramanyam Kottaluveedhi in ward No. 13, vide Agreement No.120/2014-15, dated 24.07.2014, 6) Repairs to 8th peta Municipal Corporation Elementary school in Chittari street in ward No. 5, 7) Construction of New Valve pits at old town various places poola Bazar circle and 5th peta Dr.Gaffar street, vide Agreement No.42/2012- 13, dated 14.09.2012, 8) Maintenance and repairs to CC patch and culvert slab in ward No.2, vide Agreement No.210/2012-13, dated 19.11.2012, 9) Painting and electrical wiring to Kummarigeri public toilet in ward No. 13, vide Agreement No.205/2012-13, dated 19.11.2012, 10) Laying of cc payment and Kadpa slabs flooring in front of public toilet at Bandimetta, vide Agreement No.54/2012-13, dated 17.09.2012. 5 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 P. Vengala Reddy, 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) and (FSD) payments due and payable to the petitioner as expeditiously as possible, preferably within a period of four (04) 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 DT: 21.07.2026 SR