APHC010264142024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 13130/2024 Between: 1. CHEBROLU CHENCHAIAH,, S/O C. VEERAIAH, AGED ABOUT 56YEARS, OCC- CIVIL CONTRACTOR R/O FLAT NO. 401,YAGANTI NICE APARTMENT, 3/6 LINE, VIDYANAGAR, GUNTUR 522007. ...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 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. 5. THE DIRECTORATE OF WORKS AND ACCOUNTS, 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 GUNTUR MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, CORPORATION OFFICE, GUNTUR. ...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 amounts of Rs. 17,99,647/- and Rs 17,67,114/- respectively. Totaling Rs 35,66,761/-(Thirty Five Lakhs Sixty Six Thousand Seven Hundred and Sixty one) payable to petitioner in relation to 2 works executed for 8th respondent by the petitionerunder agreements Bearing Nos 673/E.E/G.M.C/GNT/2022-23 (dated 28-12-2022) and793/E.E/G.M.C/GNT/2022-23(dated 24-01-2023) respectively, despite finalizing the bills, as illegal, arbitrary. unconstitutional and consequently direct the respondents herein to immediately pay the due amounts of Rs. 17,99,647/- and Rs 17,67,114/- respectively. Totaling Rs 35,66,761/-(Thirty Five Lakhs Sixty Six Thousand Seven Hundred and Sixty one payable to petitioner in relation to above 2 works executed for 8th respondent under the said agreement with an interest @ 12percent per annum and 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 may be pleased to direct the respondents herein to release the due amount of Rs. 17,99,647/- and Rs 17,67,114/-, respectively Totaling Rs 35,66,761/- (Thirty Five Lakhs Sixty Six Thousand Seven Hundred and Sixty one) payable to petitioner in relation to 2 works executed for 8^ respondent by the petitioner under agreement’s Bearing No’.s 673/E.E/G.M.C/GNT/2022-23 (dated 28-12-2022 and 793/E.E/G.M.C/GNT/2022-23(dated 24-01-2023 respectively,within a stipulated time frame and pass Counsel for the Petitioner: 1. SASANKA BHUVANAGIRI Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. J DILEEP KUMAR 3. GP FOR FINANCE PLANNING 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 and 4; the learned Assistant Government Pleader for Finance and Planning, for the respondents 2, 3, 5 to 7 and learned Standing Counsel for Municipal Corporation, for the 8th respondent. 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. The petitioner executed the works as per Agreement Nos.673/E.E/G.M.C/ GNT/2022-23, dated 28.12.2022 and 793/E.E/G.M.C/GNT/2022-2023, dated 24.01.2023. 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 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 eight (08) 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 : 23.07.2025 BMS