APHC010048042026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3331]

(Special Original Jurisdiction)

MONDAY, THE SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 2942/2026 Between:

1. P ADALA NAGIREDDY, S/O.VEERREDDY, AGED 59 YEARS, D.NO.2-

176, MUSALA RAMALAYAM.RAVULAPALEM, EAST GODAVARI DISTRICT.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, . REP BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR.522238

2. T HE EXECUTIVE ENGINEER, PANCHAYAT.RAJ, AMALAPURAM, EAST GODAVARI DISTRICT.533001

3. T HE SUPERINTENDING ENGINEER, P.R. CIRCLE, KAKINADA DISTRICT.533001

4. T HE 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 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 under take the works, even completing the observation period amounting to Rs.9,82,396/- (Rupees Nine Lakhs Eighty Two Thousand Three Hundred and Ninety Six 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

24percenstage and to 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 pleased to direct the respondents to release the amount of Rs.9,82,396/- (Rupees Nine Lakhs Eighty Two Thousand Three Hundred and Ninety Six 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. GP FOR PANCHAYAT RAJ RURAL DEV

2. GP FOR FINANCE PLANNING The Court made the following:

ORDER

Heard Smt.K.Devasri Roshan, learned counsel for the petitioner and Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development & Finance and Planning Department, for the respondents.

2. The above writ petition was filed to 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.9,82,396/- (Rupees Nine Lakhs Eighty Two Thousand Three Hundred and Ninety Six only) ) to the petitioner with interest, till the date of refund from the date of completion of respective observation periods, as illegal and arbitrary.

3. Today, when the matter is taken up for consideration, learned Assistant Government Pleader for Panchayat Raj, submitted the written instructions of the 2^nd respondent.

4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned works and the net amount payable to the petitioner after statutory deductions is Rs.9,47,075/-. The written instructions are made as part of the record.

5. Learned counsel for the petitioner also endorses the same.

6. Thus, as seen from the instructions there is no dispute regarding the execution of works and the petitioner’s entitlement for Rs.9,47,075/-. Since the amount payable is admitted and undisputed, the writ petition is maintainable. In M/s Utkal Highways Engineers and Contra