THE HON’BLE SRI JUSTICE SUDDALA CHALAPATHI RAO

ORDER :

This Writ Petition is filed by the petitioner seeking the

following relief:

“... to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in issuing proceedings No. 604/EE- 3/SZ/GHMC/2009-2010 dated 27-1-2010 deducting the FSD amount of Rs. 41,907.00 already refunded in respect of the earlier work order dated 03-5-2003 from out of the EMD amount of Rs. 46,000/- in respect of the subsequent work order dated 12-11-2007 which has been executed, as illegal, arbitrary, violative of Article 14 of the constitution of India and to set aside the same, and consequently, direct the respondents of refund EMD amount of Rs. 46,000/- refundable to the petitioner in respect of the work order dated 12-11-2007 without deducting the earlier FSD amount of Rs. 41,907/- in respect of the work order dated 03- 5-2003 as prayed to and sort to refund the said

amount…”

2. It is submitted by Sri. Mir Lukman Ali, representing Sri P.Venu Gopal, learned counsel for petitioner inspite of executing the works by the petitioner, the respondent has issued proceedings 604/EE-3/SZ/GHMC/2009-2010 dated 27-1-2010 deducting the FSD amount of Rs.41,907.00 in respect of the earlier works dated 03.05.2007. The counsel for

the petitioner submits that the respondents cannot deduct the FSD amount from the earnest money deposit and prayed to direct the respondents to return the EMD amount without deducting any FSD amount of Rs.41,907/-.

3. Learned Standing Counsel for the Respondent, Sri. Rapatri Venkatesh submits that the said issue of refund of EMD by the Respondent would be looked into and if the petitioner is entitled to be refunded of the said amount without any deductions, they would pay the said amount.

4. In view of the said matter, Respondent Nos.1 to 3 are hereby directed to examine whether the petitioner is entitled to refund of the EMD of Rs.46,000/- in respect of the work order dated 12.11.2007 without deducting earlier FSD amount of Rs.41,907/-, and needless to say if the petitioner is entitled to for the amount the respondent Nos.1 to 3 shall pay the same at the earliest within four(04) weeks from the receipt of the copy of the order. It is needless to say if the respondents shall follow the due process of law and give notice to the petitioner to substantiate his claim for refund of the said amount without any deductions.

5. With the above observation, this writ petition is disposed of. There shall be no order as to costs.

As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed.

_______________________________________ JUSTICE SUDDALA CHALAPATHI RAO Date: 04.09.2025.

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