M/s.Sri Satya Sai Constructions, Vs The State of Andhra Pradesh

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APHC0105 IN THE HIGH COURT OF ANDHRA 69292025 PRADESH [346 AT AMARAVATI 0] (Special Original Jurisdiction)

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FRIDAY,THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX

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PRESENT

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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

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WRIT PETITION NO: 29503/2025

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Between:

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1 M/S SRI SATYA SAI CONSTRUCTIONS, REP. BY ITS

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. MANAGING PARTNER, SRI.CHEKURI KRISHNAM RAJU, S/O.GOPALA RAJU, AGED ABOUT 55 YEARS. R/O D.NO.50-97-12, SRI SATYA SAI NILAYAM, SEETHAMMADHARA, VISAKHAPATNAM - 530013

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...PETITIONER

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AND

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1 THE STATE OF ANDHRA PRADESH, REP. BY ITS . PRINCIPAL SECRETARY, TRIBAL WELFARE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH.

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2 THE CHIEF ENGINEER TRIBAL WELFARE

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. DEPARTMENT, FIRST FLOOR, MURALI FORTUNE ROAD, REVENUE COLONY PARK, SIDHARTHA NAGAR, EABBIPET, VIJAYAWADA, N.T.R. DISTRICT.

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2

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3 THE SUPERINTENDENT ENGINEER, T.W., USHODAYA . JUNCTION, VISAKHAPATNAM TOWN AND DISTRICT.

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...RESPONDENT(S):

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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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action on part of the respondent No.3 in Lr.Rc.No.02/2015-2016/SCA TSP/Pathapanukuvalasato (Meliaputti)/Seethampeta/DB/, dated 21.10.2025 directing me to pay 2.5PERCENT of the contract value to a tune of Rs. 12,50,000/- towards Earnest Money Deposit instead of 1PERCENT as per G.O.Rt.No.l652, Finance (FMU-WR.II), dated 05.05.2025 and (HR-V-TFR-A L-EWF),G.O.Rt.No.266, Finance Department, dated 15.02.2021, for the additional works entrusted to me for Construction of Ekalavya Model Residential School for Girls at Pathapanukuvalasa Village, Seethampeta Mandal now shitted to Meliaputti Village and Mandal, Srikakulam District, (Now Parvathipuram Manyam District), failing with the additional works entrusted to me shall be cancelled as illegal, arbitrary, colourable exercise of powers, contrary to G.O.Rt.No.l652, Finance (FMUWR.II), dated 05.05.2025 and G.O.Rt.No.266, Finance (HR-VTFR-A L-EWF), Department, dated 15.02.2021 apart from being violative of the Fundamental Right guaranteed to me under Articles 14, 19 and 21 of the Constitution of India and consequently set aside Lr.Rc.No.02/2015-2016/SCA to TSP/ Pathapanukuvalasaa. (Meliaputti)/Seethampeta/DB, dated 21.10.2025 directing me to pay 2.5PERCENT of the contract value to a tune of Rs. 12,50,000/- towards Earnest Money Deposit the additional works entrusted to me for Construction of Ekalavya Model Residential School for Girls at Pathapanukuvalasa Village, Seethampeta Mandal now shitted to Meliaputti Village and Mandal, Srikakulam District, (Now Parvathipuram Manyam District) b. Direct the respondents to

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extent the benefits and relaxations provided in G.O.Rt.No.266, Finance (HR-V-TFR-A L-EWF), Department, dated 15.02.2021 and G.O.Rt.No.l77, Finance Department, dated 17.05.2022 and to collect 1PERCENT of Estimated Contract Value (ECV) towards Earnest Money Deposit (EMD) from the running bill account of the petitioner for Construction of Pathapanukuvalasa Village, Seethampeta Mandal now shitted to Meliaputti Village and Mandal, Srikakulam District, (Now Parvathipuram Manyam District) and pass

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IA NO: 1 OF 2025

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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 suspend the operation of the Lr.Rc.No.02/2015-2016/SCA to TSP/ Pathapanukuvalasa (Meliaputti)/Seethampeta/DB/, dated 21.10.2025 directing me to pay 2.5% of the contract value to a tune of Rs. 12,50,000/-towards Earnest Money Deposit the additional works entrusted to me for Construction of Ekalavya Model Residential School for Girls at Pathapanukuvalasa Village, Seethampeta Mandal now shitted to Meliaputti Village and Mandal, Srikakulam District, (Now Parvathipuram Manyam District), pending disposal of the above Writ Petition and pass

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Counsel for the Petitioner:

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1 B.ABHAY SIDDHANTH . MOOTHA

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Counsel for the Respondent(S):

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GP FOR SOCIAL WELFARE

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WRIT PETITION NO: 29489/2025

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Between:

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4

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1 M/S SRI SATYA SAI CONSTRUCTIONS, REP. BY ITS

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. MANAGING PARTNER, SRI.CHEKURI KRISHNAM RAJU, S/O.GOPALA RAJU, AGED ABOUT 55 YEARS. R/O D.NO.50-97-12, SRI SATYA SAI NILAYAM, SEETHAMMADHARA, VISAKHAPATNAM - 530013.

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...PETITIONER

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AND

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1 THE STATE OF ANDHRA PRADESH, REP. BY ITS . PRINCIPAL SECRETARY, TRIBAL WELFARE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH.

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2 THE CHIEF ENGINEER TRIBAL WELFARE

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. DEPARTMENT, EIRST FLOOR, MURALI FORTUNE ROAD, REVENUE COLONY PARK, SIDHARTHA NAGAR, LABBIPET, VIJAYAWADA, N.T.R. DISTRICT.

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3 THE SUPERINTENDENT ENGINEER, T.W., USHODAYA . JUNCTION, VISAKHAPATNAM TOWN AND DISTRICT.

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...RESPONDENT(S):

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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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action on part of the respondent No.3 in Lr.Rc.No.02/2015-2016/SCA to TSP/Dumbriguda/Araku/DB/, dated 21.10.2025 directing me to pay 2.5 PERCENTof the contract value to a tune of Rs. 12,50,000/- towards Earnest Money Deposit instead of 1 PERCENTas per G.O.Rt.No.l652, Finance (FMU- WR.II), dated 05.05.2025 and G.O.Rt.No.266, Finance (HR-V-TFR-A L- EWF), Department, dated 15.02.2021, for the additional works entmsted to me for Constmction of

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Ekalavya Model Residential School for Girls at Dumbriguda Village and Mandal, Visakhapatnam District (Now ASR District), failing with the additional works entrusted to me shall be cancelled as illegal, arbitrary, colourable exercise of powers, contrar to G.O.Rt.No.l652, Finance (FMU- WR.II), dated 05.05.2025 and G.O.Rt.No.266, Finance (HR-V-TFR-A L- EWF), Department, dated 15.02.2021 apart from being violative of the Fundamental Right guaranteed to me under Articles 14, 19 and 21 of the Constitution of India and consequently set aside Lr.Rc.No.02/2015-2016/SCA to TSP/ Dumbriguda/Araku/DB , dated 21.10.2025 directing me to pay 2.5PERCENT of the contract value to a tune of Rs. 12,50,000/- towards Earnest Money Deposit the additional works entrusted to me for Construction of Ekalavya Model Residential School for Girls at Dumbriguda Village and Mandal, Visakhapatnam District (Now ASR District) Direct the respondents to extend the benefits and relaxations provided in (HR-V-TFR-A L-EWF), Department, dated 15.02.2021 and G.O.Rt.No.l77, Finance Department, dated 17.05.2022 and to collect 1PERCENT of Estimated Contract Value (ECV) towards Earnest Money Deposit (EMD) from the running bill account of the petitioner for Construction of Eklavaya Model Residential School for Girls at Dumbriguda Village and Mandal, Visakhapatnam District (Now ASR District) and pass such order or orders as are deemed fit and proper in the circumstances of the case. G.O.Rt.No.266, Finance

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IA NO: 1 OF 2025

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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 suspend the operation of the Lr.Rc.No.02/2015-2016/SCA to TSP/ Dumbriguda/Araku/DB/, dated 21.10.2025 directing me to pay 2.5% of the contract value to a tune of Rs. 12,50,000/- towards Earnest Money Deposit the additional works entrusted to me for Construction of Ekalavya Model Residential School for Girls at Dumbriguda Village and Mandal, Visakhapatnam District (Now

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ASR District), pending disposal of the above Writ Petition and pass

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IA NO: 2 OF 2025

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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 may be pleased , to vacate the interim order dated 28.10.2025 passed in I.A. No. 1 of 2025 in W.P. No. 29489 of 2025 and pass

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Counsel for the Petitioner:

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1 B.ABHAY SIDDHANTH . MOOTHA

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Counsel for the Respondent(S):

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GP FOR SOCIAL WELFARE

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WRIT PETITION NO: 29498/2025

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Between:

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1 M/S.SRI SATYA SAI CONSTRUCTIONS,, REP. BY ITS

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. MANAGING PARTNER, SRI.CHEKURI KRISHNAM RAJU, S/O.GOPALA RAJU, AGED ABOUT 55 YEARS. R/O D.NO.50-97-12, SRI SATYA SAI NILAYAM, SEETHAMMADHARA, VISAKHAPATNAM - 530013.

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...PETITIONER

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AND

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1 THE STATE OF ANDHRA PRADESH, REP. BY ITS . PRINCIPAL SECRETARY, TRIBAL WELFARE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH.

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7

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2 THE CHIEF ENGINEER TRIBAL WELFARE

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. DEPARTMENT, FIRST FLOOR, MURALI FORTUNE ROAD, REVENUE COLONY PARK, SIDHARTHA NAGAR, LABBIPET, VIJAYAWADA, N.T.R. DISTRICT.

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3 THE SUPERINTENDENT ENGINEER, T.W., USHODAYA . JUNCTION, VISAKHAPATNAM TOWN AND DISTRICT.

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...RESPONDENT(S):

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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 tomay be pleased to suspend the operation of the Lr.Rc.No.02/2015-2016/SCA to TSP/ Bhamini/Seethampeta/DB/, dated 21.10.2025 directing me to pay 2.5 percent of the contract value to a tune of Rs. 12,50,000/towards Earnest Money Deposit the additional works entrusted to me for Construction of Ekalavya Model Residential School for Girls at Bhamini Village and Mandal, Srikakulam District, pending disposal of the above Writ Petition and pass such

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IA NO: 1 OF 2025

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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 may be pleased to suspend the operation of the Lr.Rc.No.02/2015-2016/SCA to TSP/ Bhamini/Seethampeta/DB/, dated 21.10.2025 directing me to pay 2.5% of the contract value to a tune of Rs. 12,50,000/towards Earnest Money Deposit the additional works entrusted to me for Construction of Ekalavya Model Residential School for Girls at Bhamini Village and Mandal, Srikakulam District, pending disposal of the above Writ Petition and pass such

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Counsel for the Petitioner:

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8

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1 B.ABHAY SIDDHANTH

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. MOOTHA

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Counsel for the Respondent(S):

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GP FOR SOCIAL WELFARE

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WRIT PETITION NO: 29500/2025

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Between:

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1 M/S SRI SATYA CONSTRUCTIONS, REP. BY ITS . MANAGING PARTNER, SRI.CHEKURI KRISHNAM RAJU, S/O.GOPALA RAJU, AGED ABOUT 55 YEARS. R/O D.NO.50-97-12, SRI SATYA SAI NILAYAM, SEETHAMMADHARA, VISAKHAPATNAM - 530013.

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...PETITIONER

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AND

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1 THE STATE OF ANDHRA PRADESH, REP. BY ITS . PRINCIPAL SECRETARY, TRIBAL WELFARE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTURDISTRICT, ANDHRAPRADESH.

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2 THE CHIEF ENGINEER TRIBAL WELFARE . DEPARTMENT, FIRST FLOOR, MURALI FORTUNE ROAD, REVENUE COLONY PARK, SIDHARTHA NAGAR, LABBIPET, VIJAYAWADA, N.T.R. DISTRICT.

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3 THE SUPERINTENDENT ENGINEER, T.W., USHODAYA . JUNCTION, VISAKHAPATNAM TOWN AND DISTRICT.

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...RESPONDENT(S):

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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 an appropriate

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Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action on part of the respondent No.3 in Lr.Rc.No.02/2015-2016/SCA to TSP/Anasabadra/PVP/DB/, dated 21.10.2025 directing me to pay 2.5percent of the contract value to a tune of Rs. 12,50,000/- towards Earnest Money Deposit instead of 1percent as per G.O.Rt.No.l652,Finance (FMU-WR.II), dated 05.05.2025 and G.O.Rt.No.266, Finance (HR-V-TFR- A and L-EWF), Department, dated 15.02.2021, for the additional works entrusted to me for Construction of Ekalavya Model Residential School for Girls at Anasabadra Village, Makkuva Mandal, Vizianagaram District, failing with the additional works entrusted to me shall be cancelled as illegal, arbitrary. colourable exercise of powers, contrary to G.O.Rt.No.l652, Finance (FMU- WR.II), dated 05.05.2025 and G.O.Rt.No.266, Finance (HR-V-TFR-A and L- EWF), Department, dated 15.02.2021 apart from being violative of the Fundamental Right guaranteed to me under Articles 14, 19 and 21 of the Constitution of India and consequently a) set aside Lr.Rc.No.02/2015-2016/SCA to TSP/Anasabadra/PVP/DB/,a. dated 21.10.2025 directing me to pay 2.5percent of the contract value to a tune of Rs. 12,50,000/- towards Earnest Money Deposit the additional works entrusted to me for Construction of Ekalavya Model Residential School for Girls at Anasabadra Village, Makkuva Mandal, Vizianagaram District b) Direct the respondents to extent the benefits and relaxations provided in G.O.Rt.No.266,Finance (HR-V-TFR-A and L-EWF), Department, dated 15.02.2021 and G.O.Rt.No.177, Finance Department, dated 17.05.2022 and to collect 1percent of Estimated Contract Value (ECV) towards Earnest Money Deposit (EMD) from the running bill account of the petitioner for Construction of Ekalavya Model Residential School for Girls at Anasabadra Village, Makkuva Mandal, Vizianagaram District and pass

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IA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the

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petition, the High Court may be pleased pleased to suspend the operation of the Lr.Rc.No.02/2015-2016/SCA to TSP/Anasabadra/PVP/DB/, dated 21.10.2025 directing me to pay 2.5% of the contract value to a tune of Rs. 12,50,000/- towards Earnest Money Deposit the additional works entrusted to me for Construction of Ekalavya Model Residential School for Girls at Anasabadra Village, MakkuvaMandal, Vizianagaram District, pending disposal of the above Writ Petition and pass

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Counsel for the Petitioner:

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1 B.ABHAY SIDDHANTH . MOOTHA

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Counsel for the Respondent(S):

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GP FOR SOCIAL WELFARE

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WRIT PETITION NO: 29505/2025

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Between:

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1 M/S.SRI SATYA SAI CONSTRUCTIONS,, REP. BY ITS

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. MANAGING PARTNER, SRI.CHEKURI KRISHNAM RAJU, S/O.GOPALA RAJU, AGED ABOUT 55 YEARS. R/O D.NO.50-97-12, SRI SATYA SAI NILAYAM, SEETHAMMADHARA, VISAKHAPATNAM - 530013.

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...PETITIONER

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AND

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1 THE STATE OF ANDHRA PRADESH, REP. BY ITS . PRINCIPAL SECRETARY, TRIBAL WELFARE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH.

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2 THE CHIEF ENGINEER, (TRIBAL WELFARE . DEPARTMENT) FIRST FLOOR, MURALI FORTUNE ROAD, REVENUE COLONY PARK, SIDHARTHA NAGAR, EABBIPET, VIJAYAWADA, N.T.R. DISTRICT.

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3 THE SUPERINTENDENT ENGINEER, T.W., USHODAYA . JUNCTION, VISAKHAPATNAM TOWN AND DISTRICT.

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...RESPONDENT(S):

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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 tomay be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action on part of the respondent No.3 in Lr.Rc.No.02/2015-2016/SCA to TSP/ Mungingput/Araku/DB/, dated 21.10.2025 directing me to pay 2.5percent of the contract value to a tune of Rs. 12,50,000/towards Earnest Money Deposit instead of 1percent as per G.O.Rt.No.l652, Finance (FMU- WR.II), dated 05.05.2025 and G.O.Rt.No.266, Finance (HR-V-TFR-A and F- EWF), Department, dated 15.02.2021, for the additional works entrusted to me for Construction of Ekalavya Model Residential School for Girls at Mungingput Village and Mandal, Visakhapatnam District (Now ASR District), failing with the additional works entrusted to me shall be cancelled as illegal, arbitrary, colourable exercise of powers, contrary to G.O.Rt.No.l652, Finance (FMU- WR.II), dated 05.05.2025 and G.O.Rt.No.266, Finance (HR-V-TFR-A and F- EWF), Department, dated 15.02.2021 apart from being violative of the Fundamental Right guaranteed to me under Articles 14, 19 and 21 of the Constitution of India and consequently set aside Fr.Rc.No.02/2015-2016/SCA to TSP/ Mungingput/Araku/DB, dated 21.10.2025 directing me to pay 2.5 percent of the contract value to a tune of Rs. 12,50,000/towards Earnest Money Deposit the additional works entrusted to me for Construction of Ekalavya Model Residential School for

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Girls at Mungingput Village and Mandal, Visakhapatnam District (Now ASR District) Direct the respondents to extend the benefits and relaxations provided in G.O.Rt.No.266, Finance (HR-V-TFRA E-EWF), Department, dated 15.02.2021 and G.O.Rt.No.l77, Finance Department, dated 17.05.2022 and to collect 1percent of Estimated Contract Value (ECV) towards Earnest Money Deposit (EMD) from the running bill account of the petitioner for Construction of Eklavaya Model Residential School for Girls at Mungingput Village and Mandal, Visakhapatnam District (Now ASR District) and pass such

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IA NO: 1 OF 2025

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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 may be pleased to suspend the operation of the Lr.Rc.No.02/2015-2016/SCA to TSP/ Mungingput/Araku/DB/, dated 21.10.2025 directing me to pay 2.5% of the contract value to a tune of Rs. 12,50,000/towards Earnest Money Deposit the additional works entrusted to me for Construction of Ekalavya Model Residential chool for Girls at Mungingput Village and Mandal, Visakhapatnam District (Now ASR District), pending disposal of the above Writ Petition and pass such

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Counsel for the Petitioner:

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1 B.ABHAY SIDDHANTH

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. MOOTHA

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Counsel for the Respondent(S):

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GP FOR SOCIAL WELFARE

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WRIT PETITION NO: 29506/2025

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Between:

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13

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1 SRI SATYA SAI CONSTRUCTIONS, REP. BY ITS

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. MANAGING PARTNER, SRI.CHEKURI KRISHNAM RAJU, S/O.GOPALA RAJU, AGED ABOUT 55 YEARS. R/O D.NO.50-97-12, SRI SATYA SAI NILAYAM, SEETHAMMADHARA, VISAKHAPATNAM - 530013.

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...PETITIONER

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AND

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1 THE STATE OF AP, REP. BY ITS PRINCIPAL . SECRETARY, TRIBAL WELFARE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH.

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2 THE CHIEF ENGINEER TRIBAL WELFARE

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. DEPARTMENT, FIRST FLOOR, MURALI FORTUNE ROAD, REVENUE COLONY PARK, SIDHARTHA NAGAR, LABBIPET, VIJAYAWADA, N.T.R. DISTRICT.

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3 THE SUPERINTENDENT ENGINEER, T.W., USHODAYA . JUNCTION, VISAKHAPATNAM TOWN AND DISTRICT.

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...RESPONDENT(S):

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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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action on part of the respondent No.3 in Lr.Rc.No.02/2015-2016/SCA to TSP/Kurupam/PVP/DB/, dated 21.10.2025 directing me to pay 2.5 percentage of the contract value to a tune of Rs. 12,50,000/- towards Earnest Money Deposit instead of 1 percentage as per G.O.Rt.No.l652, Finance (FMU- WR.II), dated 05.05.2025 and G.O.Rt.No.266, Finance (HR-V-TFR-A and F- EWF), Department, dated 15.02.2021, for the additional works entrusted to me for

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Construction of Ekalavya Model Residential School for Girls at Kurupam Village and Mandal, Vizianagaram District (Now Parvathipuram Manyam District), failing with the additional works entrusted to me shall be cancelled as illegal, arbitrary, colourable exercise of powers, contrary to G.O.Rt.No.1652, Finance (FMUWR.II), dated 05.05.2025 and G.O.Rt.No.266, Finance (HR-VTFR-A and F-EWF), Department, dated 15.02.2021 apart from being violative of the Fundamental Right guaranteed to me under Articles 14, 19 and 21 of the Constitution of India and consequently a. set aside Fr.Rc.No.02/2015-2016/SCA to TSP/ Kurupam)/PVP/DB, dated 21.10.2025 directing me to pay 2.5 percentage of the contract value to a tune of Rs. 12,50,000/towards Earnest Money Deposit the additional works entrusted to me for Construction of Ekalavya Model Residential School for Girls at Kurupam Village and Mandal, Vizianagaram District (Now Parvathipuram Manyam District) b. Direct the respondents to extend the benefits and relaxations provided in G.O.Rt.No.266, Finance (HR-V-TFR-A and F-EWF), Department, dated 15.02.2021 and G.O.Rt.No.l77, Finance Department, dated 17.05.2022 and to collect 1 percentage of Estimated Contract Value (ECV) towards Earnest Money Deposit (EMD) from the running bill account of the petitioner for Construction of Eklavaya Model Residential School for Girls at Kurupam Village and Mandal, Vizianagaram District (Now Parvathipuram Manyam District) and pass

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IA NO: 1 OF 2025

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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 suspend the operation of the Lr.Rc.No.02/2015-2016/SCA to TSP/ Kurupam/PVP/DB/, dated 21.10.2025 directing me to pay 2.5% of the contract value to a tune of Rs. 12,50,000/- towards Earnest Money Deposit the additional works entrusted to me for Construction of Ekalavya Model Residential School for Girls at Kurupam Village and Mandal, Vizianagaram District (Now

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Parvathipuram Manyam District, pending disposal of the above Writ Petition and pass

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Counsel for the Petitioner:

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1 B.ABHAY SIDDHANTH . MOOTHA

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Counsel for the Respondent(S):

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1 GP FOR SOCIAL . WELFARE

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The Court made the following:

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THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.Nos.29503, 29489, 29498, 29500, 29505, 29506 OF 2025

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C O M M O N O R D E R:

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The present batch of Writ Petitions are filed questioning the Lr.Rc.No.02/2015-2016/SCA dated 21.10.2025 issued by Respondent No.3, directing the Petitioners to pay 2.5% of contract value i.e., Rs.12,50,000/- (Rupees Twelve Lakhs Fifty Thousand only) towards EMD, instead of 1% as per G.O.Rt.No.1652, Finance (FMU-WR.II) Department dated 05.05.2025 and G.O.Rt.No.266, Finance (HR-V-TFR-A&L-EWF), Department, dated 15.02.2021, as illegal and arbitrary.

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As the issue in these Writ Petitions is common, with the consent of learned counsel, the matters were taken up for hearing and are disposed of by this common order.

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W.P.No.29489 of 2025 is taken up as the lead case and the facts in brief are as follows:

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The Respondent No.3 had issued a tender for the construction of Ekalavya Model Residential School for girls at Dumbriguda Village and Mandal, Visakhapatnam District (now Alluri Sitharama Raju District), after obtaining administrative

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sanction vide Progs.Rc.No.15/C1/Plg/2014-15 dated 12.01.2015. The Petitioner being a firm which was involved in the business of construction, had participated in the tender process and was declared as the successful bidder. Thereafter, an agreement to that effect was executed vide Cir.Agt.No.397/2017-2018DB on 26.12.2017. The Petitioner had completed the aforesaid work, but the Respondents made short payments and substantial amounts are due as on date. While so, additional works were also sanctioned vide G.O.Rt.No.364, Social Welfare (TW.Bud.Sp) Department, dated 27.12.2022 and the works were recommended in favour of the Petitioner by Respondent No.2 vide Letter No.1840355/TW-Edn.2/2022, dated 14.09.2022.

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Pursuant thereto, Respondent No.1 issued G.O.Rt.No.49, Tribal Welfare Department, dated 13.03.2024, entrusting additional works to the Petitioner on the same terms and conditions as stipulated in the original agreement and the time period for completion was specified as ‘six (06) months’.

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Parallely, the State taking note of the economic impact caused on account of Covid-19 Pandemic, Respondent No.1 had issued G.O.Rt.No.266, Finance Department, dated 15.02.2021

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stating that, EMD @1% of the contract value to be collected in the form of Bank Guarantee/Demand Draft from the successful bidder, at the time of conclusion of the agreement, instead of prevailing 2.5% EMD on contract value. As regards ongoing works/agreements, out of 2.5% of EMD collected at the time of agreement, 1.5% thereof was directed to be returned to the contractor in the same form in which it was collected.

¶150

Thereafter, Petitioner submitted a representation seeking an extension of the benefit of lower EMD for the additional work entrusted. However, no decision was taken by the RespondentAuthorities and Respondent No.2 on 01.04.2025, recommended for cancellation of the additional works, citing the delay in concluding the works. However, Respondent No.1 had issued a memorandum vide Memo. No.2808162:TWD01-BUD/144/2025 on 12.05.2025 extending six (06) months to complete work from the date of execution of the agreement.

¶151

Thereafter, an agreement was executed on 28.06.2025 extending the benefit of a lower EMD of 1%, but the same was struck off for extraneous reasons by the then Superintendent Engineer, Tribal Welfare, Visakhapatnam. It was further

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submitted that, pursuant to complaint given by the Petitioner, the then Superintendent Engineer, Tribal Welfare, Visakhapatnam was caught red handed by Anti Corruption Bureau officials accepting bribe on 07.08.2025 and was suspended vide G.O.Rt.No.123, Department of Tribal Welfare, dated 11.08.2025.

¶154

Later, the Petitioner gave representations for execution of the agreement as per the policy in vogue vis-à-vis EMD amount fixed by the state. However, Respondent No.3 vide Lr.Rc.No.02/2015-2016/SCA dated 21.10.2025, directed the Petitioner to pay 2.5% of EMD, failing which, the additional works will be cancelled. Hence, the present batch of Writ Petitions are filed.

¶155

In the counter affidavit filed by Respondent No.2, it is stated that in G.O.Rt.No.1652 Finance (FMU-WR-II) Department dated 05.05.2025, the benefits extended vide G.O.Rt.No.117 Finance (HR-V-TFR-A&L-EWF) Department dated 17.05.2022 apply to all existing agreements in force and the fresh agreements concluded till 31^st March, 2023, and such relief continued to apply till the closure of contract or till 31.03.2025, whichever is earlier. It was further contended that G.O.Rt.No.1652 does not apply to the

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Petitioner and 2.5% EMD has to be paid invariably by the Petitioner.

¶158

Learned counsel for the Petitioner submitted that G.O.Rt.No.1652 Finance (FMU-WR-II) Department dated 05.05.2025 is in vogue till 31^st March, 2026, and the benefit that has been provided therein on account of the Covid-19 pandemic should be extended to the Petitioner, and there are no merits in the counter affidavit filed by the Respondents. Learned Assistant Government Pleader submits that the benefit of the G.O.Rt.No.1652 Finance (FMU-WR-II) Department dated 05.05.2025 did not apply to ongoing works but only to fresh contracts that are being executed, and therefore, the relief that has been sought by the Petitioner cannot be acted upon.

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11. Heard the respective counsel.

¶160

Pursuant to the agreements to construct Ekalavya Model Residential Schools in the year 2017, the Petitioner had completed construction and the Executive Engineer, Tribal Welfare deptartment, Parvathipuram had issued letter on 08.10.2024 stating that an amount of Rs.920.97 Lakhs is due to be paid to the petitioner for the (03) model schools constructed in

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his division. Similar letters were issued by the Executive Engineer, Tribal Welfare department, Seethampeta and Araku on 08.10.2024 and 07.10.2024, respectively, stating that the Petitioner is due to be paid an amount of Rs.690.00 Lakhs and Rs.600.00 Lakhs towards the construction of model schools in their divisions.

¶163

While so, the National Education Society for tribal students had accorded administrative approval and sanction of Rs.13,78,80,000/- to APTWREIS for upgradation of infrastructure for the (07) model schools constructed by the Petitioner. The Government taking note of the letter of the Director of Tribal Welfare issued administrative sanction of Rs.34,47,00,000/- for the upgradation of the infrastructure of (07) model schools vide G.O.Rt.No.364, Social Welfare (TW-BUD-TSP) Department. dated 27.12.2022.

¶164

While so, The Engineer-in-Chief, Tribal Welfare vide letter dated 28.02.2024 recommended for entrustment of the additional works of (07) models schools to the petitioner as the petitioner at the time of tender had quoted 11.79% -15.39% less than the estimated amount unlike other contractors who quote more than

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the estimated value. The Government taking note of the letter of the Engineer-in-Chief, Tribal Welfare accorded permission to entrust additional work in the (07) model schools to the Petitioner vide G.O.Rt.No.49, Department of Tribal Welfare (Budget), dated 13.03.2024. The paragraph (03) thereof indicates, that the additional work is being treated as extension of the original works.

¶167

On the aspect of EMD, the Government had issued G.O.Rt.No.266 Finance (HR-V-TFR-A&L-EWF) Department dated 15.02.2021 reducing the EMD of 2.5% on contract value to 1% to existing agreements in force and the fresh agreements concluded till 31^st December 2021 and such relief would continue to apply till the closure of the contract or till 31-03-2023. The relevant portion of the G.O i.e., Paragraph No.4(d) reads as follows:-

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d) In respect of the ongoing works/agreements, out of the EMD of 2.5% on Contract Value collected in the form of B.G./D.D. at the time of agreement, 1.5% on Contract Value shall be returned in the same form as it was collected i.e., B.G./D.D. to the concerned agencies/contractors.

¶169

The benefit under the aforesaid G.O. was extended vide G.O.Rt.No.1652, Finance (FMU-WR.II) Department, dated 05.05.2025 to all agreements concluded till 31^st March 2023, be continued to apply till the closure of contract or till 31.03.2026.

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The stand of the Respondents is that the issuance of additional work cannot be termed as a continuation of the earlier work but a fresh contract on the same claims, and therefore, the benefit that is sought by the Petitioner cannot be extended to the Petitioner and 2.5% EMD has to be paid.

¶172

Firstly, to understand the quantum of amount in dispute in these Writ Petitions, it would be apt to refer to the tabular statement at Paragraph No.(03) of the G.O.Rt.No.49, Department of Tribal Welfare (Budget), dated 13.03.2024.

¶173

“3. Government after careful examination of the proposal, hereby accord permission to entrust additional work for (07) EMRSswith estimated cost as mentioned in column no.4 (Rs. 3447.00 lakhs) in the below table to the M/s. Satya sai constructions, Visakhapatnam with the same terms and conditions as per original agreement so as to complete the works in full shape, within a period of 06 months.”

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Rs.in Lakhs

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Sl.No.	Name of the work	Estimated amount	Additional amount	Total estimate amount
1	2	3	4	5
1	Const. of Ekalavya Model Residential school (G) at Meliaputti of Srikakulam dist	1200.00	500.00	1700.00
2	Const. of Ekalavya Model Residential school (G) at Bhamini of Srikakulam Dist.	1200.00	481.00	1681.00
3	Const. of Ekalavya Model Residential school (B) at _Anasabadra of _	1200.00	500.00	1700.00

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	Vizianagaram Dist.
4	Const. of Ekalavya Model Residential school (G) at G.N.Peta of Vizianagaram Dist..	1200.00	484	1684.00
5	Const. of Ekalavya Model Residential school (G) at Kurupam of Vizianagaram Dist.	1200.00	483	1683.00
6	Const. of Ekalavya Model Residential school (G) at Dumbriguda of Visakhapatnam Dist.	1200.00	500	1700.00
7	Const. of Ekalavya Model Residential school (G) at Munchingiput of Visakhapatnam Dist.	1200.00	499.00	1699.00
	Total	8400.00	3447.00	11847.00

¶178

The total cost of additional work is Rs.3447 Lakhs and EMD @1% thereof comes to Rs 34.47 Lakhs and EMD @ 2.5% thereof comes to Rs.86.175 Lakhs. The core dispute in all these Writ Petitions is just above Rs.50,00,000/-. However, the amounts admitted due to the Petitioner for the original works as per the letters of Ex. Engineer of Parvathipuram, Seethampeta and Araku vide letters referred above is in excess of Rupees Twenty Two Crores. This Court fails to understand the logic of the Respondents in precipitating this dispute and delaying execution, as a simple adjustment of the account would have sufficed.

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¶180

Apart there from, the additional work was treated as enhanced scope of the original agreement and this is apparent on a reading of the tabular statement in G.O.Rt.No.49, Department of Tribal Welfare (Budget), dated 13.03.2024 as extracted above, where the revised estimate of work was mentioned. For the revised scope of work under agreement, a supplemental agreement would be executed as was done in this case. The agreement that was executed and struck off (See Ex.P.12) would demonstrate the same. The supplemental agreement is a document created to modify or add provisions to an existing agreement and it serves as an amendment or addendum to the original agreement, outlining the specific changes or additions agreed upon by the parties involved.

¶181

As the supplemental agreement is an extension of the original agreement, the same cannot be treated as an independent agreement and therefore the benefit of reduced EMD @1% is applicable to the petitioner.

¶182

Therefore, the Writ Petitions are allowed and the impugned orders are set-aside and the Respondents are directed to extend the benefit of EMD @1% as provided in G.O.Rt.No.266 Finance

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(HR-V-TFR-A&L-EWF) Department dated 15.02.2021 and extended vide G.O.Rt.No.1652, Finance (FMU-WR.II) Department dated 05.05.2025 to the Petitioner forthwith. There shall be no order as to costs.

¶185

As a sequel, the miscellaneous petitions, if any, pending in this Petition shall stand closed.

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__________________ NYAPATHY VIJAY, J

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Date: 06.02.2026 chs

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THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY

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