APHC010675022025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3457]

(Special Original Jurisdiction)

WEDNESDAY,THE SEVENTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 34919/2025 Between:

1. K ARRI VEERA VENKATA SATYANARAYANA SWAMY, S/O.

VENATESWARA RAO, AGE 35 YEARS, R/O. 1-5-33, KARRI VARI STREET,KONDAYAPALEM, KAKINADA,EAST GODAVARI DISTRICT.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR.

2. K AKINADA MUNICIPAL CORPORATION, REP.BY ITS COMMISSIONER, KAKINADA KAKINADA DISTRICT.

3. K AKINADA MUNICIPAL CORPORATION, REP.BY ITS EXECUTIVE ENGINEER KAKINADA DISTRICT.

4. T HE 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 topleased 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 dseposited at the time of contract, as security to under take the works, even completing the observation period amouting to. Rs.3,88,755/- 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

24PERCENT 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.3,88,755/- 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 MUNCIPAL ADMN URBAN DEV

2. GP FOR FINANCE PLANNING

ORDER:

The learned counsel for the petitioner submits that the petitioner is aggrieved by the non-release of the EMD and FSD amounts due payable to the petitioner. The petitioner had deposited an amount of Rs.3,88,755/- for various works, which were entrusted to the petitioner.

2. The petitioner has completed all the works and the bill amounts for the said works were also released by the respondents.

3. It is submitted that the EMD+FSD amounts were not released in spite of the defect liability period being completed.

4. Sri M. Krishna Rao, the learned Standing Counsel for the respondent Nos.2 and 3 submits that the petitioner has not submitted the M-books and that only work orders are furnished.

5. However, considering the submissions of the learned counsel for the petitioner that the bills pertaining to the various work orders were already released, there is no valid reason for retaining the EMD and FSD amounts with the respondent-authorities.

6. On these considerations, the Writ Petition stands disposed of, directing the respondent Nos.2 and 4 to verify and release the EMD and FSD amounts of the petitioner, which were deposited towards 20 different works entrusted to the petitioner, 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.

As a sequel, miscellaneous applications pending, if any, shall also stand closed.

___________________ JUSTICE HARINATH.N

SCH

254 HONOURABLE SRI JUSTICE HARINATH.N Writ Petition No.34919 of 2025 Date: 17.12.2025

SCH