APHC010225682024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 11388/2024 Between: 1. M/S LAKSHMI CONSTRUCTIONS, (FIRM NO. 13 OF 2009 @ REGISTER OF FIRMS, GUNTUR) REP BY ITS MANAGING PARTNER, SRI KONDA LAKSHMI NAGA RAMESH, S/O LAKSHMI NARYANA, AGED ABOUT 44 YEARS, R/O D.NO. 26-5-6, AMMISETTY VARI STREET, NAGARAMPALEM, GUNTUR GUNTUR DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY MUNICIPAL ADMINISTRATION DEPARTMENT, A.P SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE AND PLANNING A.P SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 3. THE SPECIAL SECRETARY TO THE GOVERNMENT OF ANDHRA PRADESH AP, FINANCE DEPARTMENT. ROOM NO. 286, 1ST FLOOR, BUILDING NO. 2, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI - 522 238 4. THE DIRECTORATE OF WORKS AND ACCOUNTS, REP BY ITS DIRECTOR OF WORKS AND ACCOUNTS 3RD FLOOR, C BLOCK, 2 ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT. 5. THE COMMISSIONER AND DIRECTOR, . OF MUNICIPAL ADMINISTRATION, ANDHRA PRADESH AT PRIME HILL CREST, VADDESWARAM, TADEPALLI, GUNTUR DISTRICT. 6. THE ANDHRA PRADESH COMPREHENSIVE FINANCIAL MANAGEMENT SYSTEM CFMS, CEO, NIDHI BHAVAN, APIIC PARK, MANGALAGIRI, GUNTUR DISTRICT 7. THE GUNTUR MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, GUNTUR,GUNTUR DISTRICT. 8. THE SUPERINTENDENT ENGINEER, GUNTUR MUNICIPAL CORPORATION GUNTUR , GUNTUR DISTRICT CAUSE TITLE IS AMENDED AS PER THE COURT ORDER DT.08.07.2024 VIDE ORDERS PASSED IN I.A.NO. 02 OF 2024. ...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 tomay be pleased to issue a writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not paying the admitted due amount of total bill amount of Rs.17,82,715/- (Seventeen Lakh Eighty Two Thousand Seven Hundred Fifteen ) and Rs. 17,89,810/- (Seventeen Lakhs Eighty Nine thousand Eight hundred and Ten) total to an amount of Rs. 35,72,525/- (Rupees Thirty Five Lakhs Seventy Two Thousand Five and Twenty Five only) in relation to Work i.e GMC-GGMP- Construction of CC Drain and CC Road in Namburu Subhani Colony Katta in Div. No .20 (secretariat 66) and GMC- GGMP - Laying if CC Road for Peekala Vagu Katta From Abhubakhar street to Rishi valley apartment back side in Div. No.22 (secretraiat-7 2) executed by the petitioner herein, under agreement and supplementary agreement Bearing No. 66/E.E/G.M.C/GNT/2023-2024.Dated 08.06.2023 and /2023-2024, Dated. nil-2024, and 67/E.E/G.M.C/GNT/2023-2024, Dated 08-06-2023 and suppl.Ag no. /2023 -2024 Dt. 2024 respectively despite lapse of more than one years, even after finalizing the bills, as illegal, arbitrary, unconstitutional and consequently direct the respondents herein to immediately pay the admitted due amount of total bill amount of Rs.17,82,715/- (Seventeen Lakh Eighty Two Thousand Seven Hundred Fifteen ) and Rs.17,89,810/- (Seventeen Lakhs Eighty Nine thousand Eight hundred and Ten) total to an amount of Rs. 35,72,525/-(Rupees Thirty Five Lakhs Seventy Two Thousand Five and 3 Twenty Five only) in relation to Work i.e GMC-GGMP-Construction of CC Drain and CC Road in Namburu Subhani Colony Katta in Div. No .20 (secretariat 66) and GMC-GGMP - Laying if CC Road for Peekala Vagu Katta From Abhubakhar street to Rishi valley apartment back side in Div. No.22 (secretraiat-72) executed by the petitioner herein, under agreementand supplementary agreement Bearing No. 66/E.E/G.M.C/GNT/2023-2024.D ated 08-06-2023 and /2023-2024, Dated, nil-2024, and 67/E.E/G.M.C/GNT/2023- 2024, Dated 08-06-2023 and suppl.Agt no /2023-2024, Dt. 2024 respectivelyand to pass IA NO: 1 OF 2024 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 t may be pleased to direct the respondents herein to release the admitted due amount of total bill amount of Rs. 17,82,715/- (Seventeen Lakh Eighty Two Thousand Seven Hundred Fifteen ) and Rs.17,89,810/- (Seventeen Lakhs Eighty Nine thousand Eight hundred and Ten) total to an amount of Rs. 35,72,525/-(Rupees Thirty Five Lakhs Seventy Two Thousand Five and Twenty Five only) in relation to Work i.e “GMC-GGMP-Constructlon of CC Drain and CC Road in Namburu Subhani Colony Katta in Div. No .20 (secretariat 66)” and “GMC-GGMP - Laying if CC Road for Peekala Vagu Katta From Abhubakhar street to Rishi valley apartment back side in Div, No.22 (secretraiat-72)” executed by the petitioner herein, under agreement & supplementary agreementBearing No. 66/E.E/G.M.C/GNT/2023-2024.Dated 08.06.2023 & 2024, Dated, nil-2024, and67/E.E/G.M.C/GNT/2023-2024, Dated 08-06-2023 & suppl.Agt no /2023-2024, Dt. /2023- 2024 respectively, within a stipulated time frame and to pass IA NO: 2 OF 2024 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 permit the petitioner to amend the cause title in the writ affidavit. Petition and Interlocutory application by replacing the words in the cause title at 7th Respondent “The MangalagiriTadepalli Municipal Corporation, Rep By its Commissioner, Mangalagiri, Guntur district.” with the words “The Guntur Municipal Corporation,Rep. By its Commissioner, Guntur, Guntur district.” as well as at 8th respondent “The Superintendent Engineer,Guntur Municipal Corporation,Mangalagiri, Guntur district ” with the words “The Superintendent Engineer,Guntur Municipal corporation, Guntur, Guntur District 4 Counsel for the Petitioner: 1. KODE RAMESH BABU Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR MUNCIPAL ADMN URBAN DEV 3. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 5 The Court made the following Order: Heard the learned counsel for the petitioner; the learned Assistant Government Pleader for Municipal Administration and Urban Development, for the respondents 1, 4 and 5; the learned Assistant Government Pleader for Finance and Planning, for the respondents 2, 3 and 6 and learned Standing Counsel for Municipal Corporation, for the respondents 7 and 8. 2. Learned counsel appearing for the petitioner submits that the petitioner has executed various works in Mangalgiri-Tadepalli Municipal Corporation limits and completed the works to the satisfaction of the Mandalgiri-Tadepalli Municipal Corporation and the final bills were also released by the competent authority. However, the bills were not released. It is submitted that the competent authority has approved the bills; however, there has been no payment forthcoming from the Corporation. Aggrieved by the non-payment of bills by the Corporation, the petitioner has approached this Court by way of the present Writ Petition. 3. Learned Standing Counsel appearing for Corporation submits that on 09.08.2024, the Vigilance Enquiry was initiated against the works executed by the petitioner and the Vigilance Enquiry is being conducted on the works which are entrusted to the petitioner. It is also submitted that the Vigilance Department is taking up verification of the works executed by the petitioner and the reports were awaited. 4. Considering the submissions of learned counsel for the petitioner and learned Standing Counsel for the respondents, this Court is of the 6 considered view that the bills due payable to the petitioner for the works executed would have to be paid without any further delay. There is no time frame for completion of the vigilance enquiry. That apart the learned Standing Counsel has not submitted on the methodology adopted by the vigilance committee to verify the works completed by the petitioner. In so far as the Vigilance Enquiry is concerned, in the event an adverse report against the works completed by the petitioner is arrived at, the respondents shall have the right to proceed against the petitioner in accordance with law. Further, the petitioner shall submit a security bond for the amount released and in case it is found that they are due payable, the department can take appropriate action for recovery of the amount. It is needless to mention that the said exercise shall be completed within a period of ten (10) weeks from the date of receipt of a copy of this order. 5. Accordingly, the Writ Petition is disposed of. No costs. 6. Pending miscellaneous petitions, if any, shall stand closed. ______________________ JUSTICE HARINATH.N Date : 29.07.2025 BMS