APHCai 0260432024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 13015 OF 2024 Between: M/s Karthikeya Prasanna Infratech,, (Firm No. 20 of 2014) D. No. 26- 39-129/50, Rami Reddy Nagar, 3rd lane, AT Agraharam, Guntur, Rep. by its Managing partner Mandalapu Rajasekhar, S/o Narsa Reddy, Aged about 42 years, R/o D. No. 26-39-129/50, Rami Reddy Nagar, 3rd lane, AT Agraharam, Guntur. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Municipal Administration Department, Velagapudi, Guntur District. 2. The State of Andhra Pradesh, Represented by its Principal Secretary Department of Finance and Planning Velagapudi, Guntur District. 3. The Andhra Pradesh Comprehensive Financial Management System CFMS, 6th floor, C block, Anjaneya Towers, Ibrahimpatnam, Krishna District, Rep. By its Chairman. 4. The Commissioner and Director, of Municipal Administration, Andhra Pradesh at Tadepalli, Guntur District. A.P Secretariat buildings. A.P Secretariat buildings. 5. The Directorate of Works and Accounts, 3rd floor, C block, Anjaneya Towers, Ibrahimpatnam, Krishna District. Rep. by its Director of Works and Accounts. 6. Pay and Accounts Officer, Works and Accounts, Guntur. 7. The District Treasury Officer, Guntur district. 8. The Mangalagiri Tadepalli Municipal corporation. Rep. By its Commissioner, Mangalagiri, Guntur district. i ...Respondents 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 to 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 Rs. 68,01,959 /- (Sixty Eight Lakh One Thousand Nine Hundred and Fifty Nine) payable to petitioner in relation to work namely MTMC - Improvements to water Supply at Head water works (Supply and Erection of 75HP and 20hp Motors including Inlet and out let pipe lines in Mangalagiri Urban of Mangalagiri Tadepalli Municipal Corporation under 15th Finance Commission Grant executed for 8th respondent by the petitioner, under agreement No. 428/2023-24 (dated 06-01-2024) despite finalizing the bill as illegal, arbitrary, unconstitutional and respondents herein to immediately pay the due amount of Rs. 68,01,959 /- (Sixty Eight Lakh One Thousand Nine Hundred and Fifty Nine) payable to petitioner in relation to the said work executed for 8th respondent, with an interest @ 12 percent per annum. consequently direct the lA 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 to direct the respondents herein to release the due amount of Rs. 68,01,959 /- (Sixty Eight Lakh One Thousand Nine Hundred and Fifty Nine) payable to petitioner in relation to work namely MTMC Improvements to water Supply at % Head water works (Supply & Erection of 75HP & 20hp Motors including Inlet & out let pipe lines in Mangalagiri Urban of Mangalagiri Tadepalli Municipal Corporation under respondent by the petitioner, under agreement No. 428/2023-24 (dated 06- 01-2024) respectively within a stipulated time frame. th 15th Finance Commission Grant' executed for 8 lA 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 to receive the Counter copies on record by allowing the leave petition in the above Writ Petition. Counsel for the Petitioner: SASANKA BHUVANAGIRI Counsel for the Respondent Nos.1 & 4: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent Nos.2,3,5,6,7: GP FOR FINANCE PLANNING Counsel for the Respondent No.8: SRI M MANOHAR REDDY, SC FOR MUNICIPALITIES The Court made the following order: APHC010260432024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 13015/2024 Between: 1.M/S KARTHIKEYA PRASANNA INFRATECH,, (FIRM NO. 20 OF 2014) 3RD LANE, AT REP. BY ITS MANAGING PARTNER D. NO. 26-39-129/50, RAMI REDDY NAGAR, AGRAHARAM, GUNTUR, MANDALAPU RAJASEKHAR, S/0 NARSA REDDY, AGED ABOUT 42 YEARS R/0 D. NO. 26-39-129/50, RAMI REDDY NAGAR, LANE, AT AGRAHARAM, GUNTUR. 3RD ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT, A.P SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. MUNICIPAL ADMINISTRATION 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 ANDHRA PRADESH COMPREHENSIVE FINANCIAL MANAGEMENT SYSTEM CFMS, 6TH FLOOR, C BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT, REP. BY ITS CHAIRMAN. 4.THE COMMISSIONER AND DIRECTOR, OF MUNICIPAL ADMINISTRATION, ANDHRA PRADESH AT TADEPALLI, GUNTUR 2 DISTRICT. 5.THE DIRECTORATE OF WORKS AND ACCOUNTS, 3RD FLOOR. C IBRAHIMPATNAM, KRISHNA BLOCK, ANJANEYA TOWERS, DISTRICT. REP. BY ITS DIRECTOR OF WORKS AND ACCOUNTS. 6. PAY AND ACCOUNTS OFFICER, WORKS AND ACCOUNTS, GUNTUR. 7.THE DISTRICT TREASURY OFFICER, GUNTUR DISTRICT. 8.THE MANGALAGIRI TADEPALLI MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, MANGALAGIRI, GUNTUR DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner; 1.SASANKA BHUVANAGIRI Counsel for the Respondent(S): 1.GP FOR MUNCIPAL ADMN URBAN DEV 2.GP FOR FINANCE PLANNING The Court made the following; 3 % 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. 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. 2. 3. Learned Standing Counsel appearing for Corporation submits that 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. on \ 4 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 shall be completed within a period of eight (08) weeks from the date of of a copy of this order. exercise receipt 5. Accordingly, the Writ Petition is disposed of. There shall be to costs. no order as As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- iVI. SRIh4!VAS ASSISTANT REGISTRAR // Si //TRUE COPY// SECTION OFFICER To, Municipal Administration Department, A.P 1. The Principal Secretary, Secretariat buildings, Velagapudi, Guntur District. and Planning A.P Department of Finance ^ 2. The Principal Secretary Secretariat buildings, Velagapudi, Guntur District. 3 The Chairman, Andhra Pradesh Comprehensive f system CFMS, 6th floor, C biock, Anjaneya Towers Financial Management Ibrahimpatnam, Krishna District. 4. The Commissioner and Director Pradesh at Tadepalli, Guntur District. Directorate of Works and Accounts ibrahimpatnam, Krishna District. Rep. by its Director of Works Of Municipal Administration, Andhra 3rd floor, C block, Anjaneya 5. The Towers, and Accounts. 6. Pay and Accounts Officer 7. The District Treasury Works and Accounts, Guntur. Officer, Guntur district. Mangaiagiri Tadepalii Municipai corporation 8. The Commissioner Mangaiagiri, Guntur district. iri. Advocate [OPUC] 9. One CC to Sri. Sasanka Bhuvanagiri GP For Muncipal Admn Urban Dev High Court of Two CCs to Andhra Pradesh [OUT] Two CCs to - Pradesh [OUT] One CC to Sri M Manohar Reddy 10. GP For Finance & Planning, High Court of Andhra , SC for Municipalities [OPUC]. 11. 12. Two CD Copies. 13. AL k r HIGH COURT DATED:24/07/2025 ORDER WP NO. 13015 OF 2024 irsFP m m, ^ Current Section DISPOSING OF THE W.P. WITHOUT COSTS