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2026 DAILYLAW 8877 (AP)

Vattem Srinivasa Rao, v. The State of Andhra Pradesh

WP/23392/2026 · 2026-08-23

Harinath N

body2026

Judgment text

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APHC010421982026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY, THE 24th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23392/2026 Between: 1. VATTEM SRINIVASA RAO,, S/O. KRISHNA RAO, AGED ABOUT 50 YEARS, OCC CONTRACTOR, R/O. 36-85, PURUSHOTHAMA PATNAM, CHILAKALURIPET, GUNTUR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, PINCODE 522238. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, PINCODE 522238. 3. THE CHILAKALURIPET MUNICIPALITY, REP. BY ITS COMMISSIONER, CHILAKALURIPET, PALNADU DISTRICT, PINCODE 522616. 4. THE DEPUTY EXECUTIVE ENGINEER, CHILAKALURIPET MUNICIPALITY, CHILAKALURIPET, PALNADU DISTRICT, PINCODE 522616. 5. THE ASSISTANT PAY AND ACCOUNTS OFFICER APAO, NARASARAOPET, PALNADU DISTRICT, PINCODE 522601. ...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 toissue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the EMD, FSD and 1percent online deposit withheld amounts with a Grand Total of Rs.2,75,480/- vide M Book Nos. 97/17-18, 145/17-18, 07/17-18, 93/18-19, 237/17- 18, 24/17-18, 94/14-15, 380/16-17, 54/18-19, 61/14-15, 385/16-17, 410/16-17, 152/17-18, 221/17-18, 188/17-18, 219/17-18, 220/17-18, 192/17- 18, 190/17-18, 191/17-18, 230/17-18, 290/17-18, 186/17-18, 464/16-17, 231/17-18, 252/16-17, 136/17-18, 132/17-18 and 144/17-18, even after completion of defect liability period, refund payable to the petitioner in relation to several works executed in Chilakaluripet Municipality under General fund Grant in 2019-20 financial year is questioned, as the same is illegal, arbitrary and violation of Honhle Court Orders in WP No. 13429 of 2024 and consequently direct the respondents to release the EMD, FSD and 1percent 2 online deposit withheld amounts with a Grand Total of Rs.2,75,480/- vide M BookNos. 97/17-18, 145/17-18, 07/17-18, 93/18-19, 237/17- 18, 24/17-18, 94/14-15, 380/16-17, 54/18-19, 61/14-15, 385/16-17, 410/16-17, 152/17-18, 221/17-18, 188/17-18, 219/17-18, 220/17-18, 192/17-18, 190/17-18, 191/17- 18, 230/17-18, 290/17-18, 186/17-18, 464/16-17, 231/17-18, 252/16-17, 136/17-18, 132/17-18 and 144/17-18, to the petitioner in respect of above- mentioned work forthwith 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 direct the respondents to release the EMD, FSD and 1% online deposit withheld amounts with a Grand Total of Rs.2,75,480/- vide M Book Nos. 97/17-18, 145/17-18, 07/17-18, 93/18-19, 237/17-18, 24/17-18, 94/14-15, 380/16-17, 54/18- 19, 61/14-15, 385/16-17, 410/16-17, 152/17-18, 221/17-18, 188/17-18, 219/17-18, 220/17-18, 192/17-18, 190/17-18, 191/17-18, 230/17- 18, 290/17-18, 186/17-18, 464/16-17, 231/17-18, 252/16-17, 136/17-18, 132/17-18 & 144/17-18, to the petitioner in respect of several works executed in Chilakaluripet Municipality under General fund Grant in 2019-20 financial year, forthwith, pending disposal of the Writ Petition Counsel for the Petitioner: 1. MODAPOTHULA SUMALATHA Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. SIREESHA RANI VALLABHANENI SC For MUNICIPALITIES 3. GP FOR FINANCE PLANNING The Court made the following: 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.23392 of 2026 ORDER : 1. The present writ petition is filed challenging the action of respondents in not refunding the deposited amounts as deposited at the time of contract, as security to undertake the works, even completing the defect liability and observation period amounting to Rs.2,75,480/-. 2. The learned counsel for the petitioner submits that the petitioner was entrusted various works and while entering into agreements deposited the Further Security Deposit (FSD), Earnest Money Deposit (EMD) as required under the terms of contract. The petitioner has executed works as entrusted by the respondents and also submitted the final bills. The learned counsel appearing for the petitioner further submits that once work is completed there is no justification in withholding the FSD and EMD amounts. 3. The learned Standing Counsel appearing for the respondents submits that certain amounts have been deferred by the Municipality. However, insofar as the completion of the work and recording of the progress of the work in the M-Books is concerned, the same are not disputed. He further submits that the respondent Municipality is taking steps to clear the pending bills. 4. Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Municipal Administration and Urban Development, the learned Government Pleader for the Finance & Planning and the learned Standing Counsel. 4 5. On these considerations, this Court is inclined to dispose off the present writ petition directing the concerned respondent to verify and release Further Security Deposit (FSD), Earnest Money Deposit (EMD) deposited by the petitioner towards various works to the petitioner as expeditiously as possible preferably within a period of four weeks from the date of receipt of a copy of this order. 6. Accordingly, the Writ Petition is disposed off. No costs. As a sequel, miscellaneous applications, pending, if any, shall stand closed. ____________________ JUSTICE HARINATH.N KGM Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No 5 76 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.23392 OF 2026 Dated 24.08.2026 KGM