APHC010238372024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 12089/2024 Between: 1. MADDURI KESI REDDY,, S/O M.SUBBA REDDY, AGED ABOUT 41 YEARS, R/O D.NO. 3-75, PEDA MADDURI VARI BAZAR, PEDARIKATIA, KONTAKALAMITIA, PRAKASAM DISTRICT, ...PETITIONER AND 1. THE PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, A.P SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH-522 238 2. THE PRINCIPAL SECRETARY TO GOVERNMENT, MUNICIPAL ADMINISTRATION DEPARTMENT, A.P SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH-522 238 3. THE MANGALAGIRI TADEPALLI MUNICIPAL CORPORATION, REP., BY ITS COMMISSIONER MANGALAGIRI, MANGALAGIRI MANDAL GUNTUR DISTRICT 4. THE SUPERINTENDENT ENGINEER FAC, MANGALAGIRI TADEPALLI MUNICIPAL CORPORATION MANGALAGIRI, MANGALAGIRI MANDAL GUNTUR DISTRICT ...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 toleased to issue a Writ, Order or direction more particularly one in the nature of pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declare the action of the respondents in withholding the bill net payment of Rs 4,52,256 and Rs 4,80,444/- payable to 2 HN, J W.P.No.12089_2024 the petitioner in relation to contracts vide (i) Agt No. 522/2023-24, dt 05- 03- 2024, (ii) Agt No. 523/2023-24, dt 05-03-2024 of work namely (a) MTMC- Laying of 160mm HDPE Pipe line NH-16 service road to Dimpudukallam Badravathi Nagar in Mangalagiri of Mangalagiri Tadepalli Municipal Corporation under General Funds, (b) MTMC- Supply and Delivery of 160mm FiDPE Pipe Line NFI-16 service road to Dimpudukallam Badravathi nagar in corporation under General Funds the same was recorded by the concerned authorities in the Measurement Books in Guntur District, Andhra Pradesh and even after uploading the same after thorough inspection an verification as the same is arbitrary, illegal, unconstitutional and in clear violation of G.O.Ms No. 120, Finance Department, dated 13-06-2022 and violative of well settled principles of natural justice and consequently direct the respondents to pay an amount of Rs 4,52,256 and Rs 4,80,444/- due under contract vide (i) Agt No. 522/2023-24, dt 05-03-2024, (ii) Agt No. 523/2023-24, dt 05-03-2024 in respect of execution of afore mentioned works forthwith and 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 leased to direct the respondents to take steps to pay the amount of Rs 4,52,256 & Rs 4,80,444/- due under contract vide ((i) Agt No. 522/2023-24, dt 05-03-2024, (ii) Agt No. 523/2023-24, dt 05-03-2024 pending disposal of this Writ Petition and to pass IA NO: 1 OF 2025 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 receive the Counter copies on record by allowing the leave petition in the above Writ Petition and pass Counsel for the Petitioner: 1. RAMINENI SUDHEER Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 3 HN, J W.P.No.12089_2024 ORDER: Heard learned counsel for the petitioner, learned Assistant Government Pleader for Municipal Administration and Urban Development, learned Assistant Government Pleader for Finance and Planning and learned Standing Counsel for Municipal Corporation. 2. Learned counsel appearing for the petitioner submits that the writ petition is filed by the contractor, who executed various works within the limits of the Mangalagiri-Tadepalli Municipal Corporation. The petitioner has completed the works to the satisfaction of the Mangalagiri-Tadepalli Municipal Corporation and the final bills were also approved by the competent authority. However, the bills were not released. The petitioner executed the works during the year 2022–23, and also executed some works in the year 2024. 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 the bills by the Corporation, the petitioner has approached this Court by way of the above 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 in the counter that the Vigilance Department is taking up verification of the works executed by the petitioner for the year 2019-2024 and the reports were awaited. 4 HN, J W.P.No.12089_2024 4. Considering the submissions of learned counsel for the petitioner and learned Standing Counsel for the respondents, this Court is of the considered view that the bills due payable to the petitioner for the works executed by him 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 about five years ago. 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 four (04) weeks from the date of receipt of a copy of this order. 5. Accordingly, the Writ Petition is disposed off. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date: 10.09.2025 NKA 5 HN, J W.P.No.12089_2024 43 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 12089 of 2024 Date: 10.09.2025 NKA