APHC010171102026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3328]

(Special Original Jurisdiction)

FRIDAY,THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 9182 OF 2026 Between:

1. V ALLEPU KOTAMMA,, W/O. SEKHAR, AGED ABOUT 45 YEARS, OCC HOUSEWIFE, R/O.8-29-361, GANESH NAGAR, AGATHAVARAPPADU, GUNTUR, GUNTUR DISTRICT, PINCODE

522509.

...PETITIONER AND

1. T HE 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. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, PINCODE 522238.

3. T HE MANGALAGIRI TADEPALLI MUNICIPAL CORPORATION, REP.

BY ITS COMMISSIONER, MANGALAGIRI, GUNTUR DISTRICT, PINCODE 522503

4. T HE MUNICIPAL ENGINEER, MANGALAGIRI TADEPALLI MUNICIPAL CORPORATION, MANGALAGIRI, GUNTUR DISTRICT, PINCODE 522503.

...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 a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the EMD and FSD withheld amounts as Rs. 1,32,369/- vide M Book No. 1085/2014/El, even after completion of defect liability period, refund payable to the petitioner in relation to the works i.e., Providing CC road Veenas Enterprisers Godown to M. Venkata reddy (D.No. 12-468/2) in 2nd ward in Tadepalli Municipality is questioned, as the same is illegal, arbitrary and consequently direct the respondents to release the EMD and FSD withheld amounts as Rs. 1,32,369/- vide M Book No. 1085/2014/El, 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 please to direct the respondents to release the EMD and FSD withheld amounts as Rs. 1,32,369/- vide M Book No. 1085/2014/El, to the petitioner in respect of works i.e., Providing CC road Veenas Enterprisers Godown to M. Venkata reddy (D.No. 12-468/2) in 2nd ward in Tadepalli Municipality, forthwith, pending disposal of the Writ Petition Counsel for the Petitioner:

1. MODAPOTHULA SUMALATHA Counsel for the Respondent(S):

1. GP MUNCIPAL ADMN AND URBAN DEV AP

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

Heard Ms. Naseem Sultana, learned Counsel appearing on behalf of Ms. M. Sumalatha, Ld. Counsel for the Writ Petitioner, Sri M. Srinu Babu, learned Assistant Government Pleader for Municipal Administration & Urban Development, Ms. D. Naga Chandrika, learned Assistant Government Pleader for Finance & Planning and S. Vijay Kumar, learned Counsel appearing on behalf of Sri A.S.C. Bose, learned Standing Counsel for Mangalagiri Tadepalli Municipal Corporation.

2. From the record, it appears that the works have commenced in the month of June, 2018 and the husband of the Writ Petitioner, who had undertaken contract works, had completed the same long time ago. Since he is no more, wife of the Contractor has filed the present Writ Petitions seeking release of EMD & FSD. Since the amounts deposited by the husband of the Writ Petitioner had been withheld by the Respondents since long time, there shall be a direction to the Respondent Nos.3 & 4 to release the EMD and FSD within a period of one week from the date of uploading of this Order on the website of this Court. It is a settled law that the Respondents cannot plead paucity of funds when it comes to return of the EMD and FSD deposits. (Please see (1) Surya Constructions vs. State of Uttar Pradesh and Others : (2019) 16 SCC 794 - Para Nos.2, 3 & 4, (2) Mr. S.C. Meena, EE (Project Narela) vs. Amit Tanwar : 2