HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION NO.33013 OF 2010 ORDER: 1. This writ petition is filed under Article 226 of the Constitution of India to declare the action of the respondent in not making payment of the amount of Rs.3,750/- towards refund of Earnest Money Deposit and Security Deposit in respect of letter of acceptance of the respondent dated 17.10.2006, in pursuance of procurement tender notice bearing No.13/RAJ/APSUP/CMAPP/C1 COMPONENT/2006-07, dated 21.07.2006, as illegal, arbitrary, violation of Article 14 of the Constitution of India, by issuing appropriate writ, order or direction and consequently direct the respondent to pay the amount of Rs.3,750/- to the petitioner forthwith. 2. Heard the learned counsel for the petitioner and the learned counsel for the respondent. 3. The grievance of the petitioner is that he has submitted a tender along with EMD of Rs.1500/- and the same was accepted by the respondent by its letter of acceptance dated 17.10.2006, and he was asked to execute agreement by paying Security Deposit amount of Rs.2,250/-, which the petitioner paid and executed the agreement, that the petitioner executed the supply order and the respondent paid the amount of Rs.1,40,234/-, towards the supplies made as per the supply order, that once the tender is accepted and supply is carried and after expiry of warranty period of one year, the petitioner is entitled to receive back the E.M.D, and the Security Deposit, but the respondent failed to refund the said amounts and hence he filed the present writ petition. 4. On perusal of the entire material available on record, it is clear that the petitioner has supplied certain material to various Government Departments. In pursuance of the procurement notice along with tender, the petitioner said to have deposited the Earnest Money Deposit and furnished the Security Deposit with the respondent. In terms of the procurement notice, the petitioner has executed the supply order and the amount covered by the supplies made by the petitioner was paid to the petitioner. 5. The main grievance of the petitioner is that the Earnest Money Deposit and the Security Deposit were not refunded to him inspite of the fact that he has already made supplies to the respondent in pursuance of the procurement notice. 6. As a matter of fact, when the petitioner sought for information under the Right to Information Act, 2005, the Commissioner, Municipal Corporation, Eluru, by its letter dated 8.2.2009, informed him that inspite of the work undertaken by him viz., supply of water quality testing equipments to Eluru Municipal Corporation, the file is not furnished for release of the deposits. Since then no action has been taken by the respondent corporation. Therefore, the respondent corporation is directed to take appropriate decision for releasing the Earnest Money Deposit and also Security Deposit in pursuance of the procurement tender dated 21.07.2006 and pass appropriate orders within a period of four weeks from the date of receipt of copy of this order. 7. With the above direction, the writ petition is disposed of. No order as to costs. _______________ K.C.BHANU,J. 27.10.2011, Gk. HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION NO.33013 OF 2010 Date:27.10.2011 Gk.