APHC010280192024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) •Ci s a .7) THURSDAY,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 14095 OF 2024 .4#'' Between: Vaddera Mahajana Samkshema Sangham, Society with Regd. No. 50 of 2012, Door No. 12-612, Sundaraiah Nagar, Near Sai baba Temple, Tadepalli Village and Mandal, Guntur District 522501. Rep. by its President, Gogula Srinu, S/o Venkaiah, Aged about 51 years, R/o Dr.No. 12-628/6, Sundaraiah Nagar, Road No. 7, Tadepalli Village and Mandal Guntur District 522501. ...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 Mangalagiri-Tadepalli Municipal corporation. Commissioner, Mangalagiri, Guntur district. 4. The Superintending Engineer, Mangalagiri Tadepalli Municipal Corporation Mangalagiri, Guntur District Rep. By its ...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 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 Rs 87,91,540/- (Eighty-Seven Lakhs Ninety-One Thousand Five Hundred and Forty Rupees) payable to petitioner society in relation to 5 works executed for 3rd respondent by the petitioner society, under agreements Bearing Nos 247/2022-23, 752/2023-24, 426/2023-24. 57/2023-24, and 458/2023-24, even after finalizing the bills, as illegal, arbitrary, unconstitutional and consequently direct the respondents herein to immediately pay the due amount of Rs 87,91,540/- (Eighty Seven Lakhs Ninety One Thousand Five Hundred and Forty Rupees) payable to petitioner society in relation to 5 works executed for 3rd respondent under agreements bearing No.s 247/2022-23, 752/2023-24, 426/2023-24. 57/2023- 24, and 458/2023-24 with an interest @ 12percent per annum. 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 87,91,540/- (Eighty Seven Lakhs Ninety-One Thousand Five Hundred and Forty Rupees) payable to petitioner society in relation to 5 works executed for 3rd respondent under agreements bearing No, 2A712022-23, 752/2023-24, 426/2023-24. 57/2023-24, and 458/2023-24 stipulated time frame. Counsel for the Petitioner: SRI KRISHNA RAO PARITALA Counsel for the Respondent No. 1: GP MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent No. 2: GP FOR FINANCE PLANNING Counsel for the Respondent Nos. 3 and 4: SRI A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) The Court made the following order: APHC010280192024 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: 1409^/9094 [3457] Between: 1.VADDERA MAHAJANA SAMKSHEMA SANGHAM SOCIETY WITH REGD. NO. 50 OF 2012, DOOR NO. 12-612, SUNDARAIAH NAGAR NEAR SAI BABA TEMPLE, TADEPALLI VILLAGE AND MANDAL GUNTUR DISTRICT 522501. REP. BY ITS PRESIDENT GOGULA SRINU. S/0 VENKAIAH, AGED ABOUT 51 YEARS 628/6, SUNDARAIAH NAGAR, ROAD NO. 7, TADEPALLI VILLAGE AND MANDAL GUNTUR DISTRICT 522501. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT, GUNTUR DISTRICT. MUNICIPAL A.P SECRETARIAT BUILDINGS, VELAGAPUDI, ADMINISTRATION 2.THE STATE OF ANDHRA PRADESH PRINCIPAL SECRETARY, REPRESENTED BY ITS DEPARTMENT OF FINANCE AND PLANNING A.P SECRETARIAT BUILDINGS, VELAGAPUDI DISTRICT. ,GUNTUR 3.THE MANGALAGIRI TADEPALLI MUNICIPAL CORPORATION BY ITS COMMISSIONER, MANGALAGIRI, GUNTUR DISTRICT. 4.THE SUPERINTENDING ENGINEER, MANGALAGIRI TADEPALLI MUNICIPAL CORPORATION MANGALAGIRI, GUNTUR DISTRICT ...RESPONDENT(S): . REP. mmmm 2 Counsel for the Petitioner: 1. KRISHNA RAO PARITALA Counsel for the Respondent(S): 1.A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 2.. 3.GP MUNCIPAL ADMN AND URBAN DEV AP 4.GP FOR FINANCE PLANNING The Court made the following: pr 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-Tadep alli 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 -payment of the bills by the Corporation, the petitioner has approached this Court by way of the above writ petition. 2. non 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 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 receipt of a copy of this order. 4. exercise 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. Sd/- K TATA RAO DEPUTY REGiSTf^^ f //TRUE COPY// ^SSfficer SECTI To, 1. The Principal Secretary, Municipal Administration Department,State of Andhra Pradesh, A.P Secretariat buildings, Velagapudi, Guntur District. 2. The Principal Secretary, Department of Finance and Planning, State of Andhra Pradesh, A.P Secretariat buildings, Velagapudi, Guntur District. r 3. The Commissioner, Mangalagiri Tadepalli Municipai corporation, Mangalagiri, Guntur district. 4. The Superintending Engineer, Mangalagiri Tadepalli Corporation Mangalagiri, Guntur District 5. One CC to Sri. Krishna Rao Paritala Advocate [OPUC] 6. One CC to Sri. A S C Bose (SC for Municipal Corporations) [OPUC] 7. Two CCs to GP for Municipal Admin and Urban Development, High Court of Andhra Pradesh [OUT] 8. Two CCs to GP for Finance Planning, High Court of Andhra Pradesh [OUT] 9. Two CD Copies GSC Municipal HIGH COURT DATED:24/07/2025 ORDER WP NO. 14095 OF 2024 and^^ glT 2 0 AUG 2025 )g SS: o. ■.'a DISPOSING THE WP WITHOUT COSTS