APHC010336762024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) o efi TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17133 OF 2024 T <>/ Between: M/s Havisha Builders, Flat No. F3, Maruthi Apartment, Tadepalli, Guntur District, Rep by its sole proprietor, Syamala Dinesh Reddy, S/o SSR Krishna Reddy, Aged about 30 Years, R/o Flat No. F3, Maruthi Apartment, Near Aravindha school, Tadepalli, 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 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, 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 Tadepalii Municipal corporation. Rep. By its Commissioner, Mangalagiri, Guntur district. ...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 issue Mandamus declaring the action of the respondents in not paying the admitted due amount of Rs. 3,55,152/-, Rs. Rs.6,36,007/- 7,83,751/- and respectively totaling Rs. 17,74,910/-(Seventeen Thousand Nine Hundred and Ten) payable to b petitioner in relation to 3 works executed for 8th respondent by it, under agreements Bearing Nos 514/2022-23 (dated 13-12-2022), 516/2022-23 (dated 13-12-2022), and 517/2022-23 (dated 13-12- 2024) respectively despite finalizing the bills illegal, arbitrary, unconstitutional and consequently direct the respondents herein to immediately pay the due amount of Rs.3,55,152/-, Rs7,83,751/- and Rs.6,36,007/- respectively totaling Rs. 17,74,910/-(Seventee n Lakhs Seventy Four Thousand Nine Hundred and Ten) payable to petitioner in relation to 03 works executed for 8th respondent under the said agreements with an interest @ 12 per 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.3,55,152/-, Rs7,83,751/- and Rs.6,36,007/- respectively (Seventeen Lakhs Seventy Four Thousand Nine Hundred and Ten) payable to petitioner in relation to 3 works executed for 8th respondent by it, under agreements Bearing No’s 514/2022-23 (dated 13-12-2022), 516/2022-23 Lakhs Seventy Four as totaling Rs.17,74,910/- (dated 13-12- 2022), and 5M12022-22, (dated 13-12-2024) respectively with in a stipulated time frame. Counsel for the Petitioner: SRI SASANKA BHUVANAGIRI Counsel for the Respondent Nos. 1 and 4; GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent Nos. 2,3,5,6 and 7: GP FOR FINANCE PLANNING Counsel for the Respondent No. 8: SRI A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) The Court made the following order: APHC010336762024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY. THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17133/2024 Between: 1.HAVISHA BUILDERS, FLAT NO. F3, MARUTHI APARTMENT, TADEPALLI, GUNTUR DISTRICT, REP BY ITS SOLE PROPRIETOR. SYAMALA DINESH REDDY, S/0 SSR KRISHNA REDDY, AGED ABOUT 30 YEARS, R/0 FLAT NO. F3, MARUTHI APARTMENT, NEAR ARAVINDHA SCHOOL, TADEPALLI. GUNTUR DISTRICT. ...PETITIONER AND 1.THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT, A.P SECRETARIAT VELAGAPUDI, GUNTUR DISTRICT. MUNICIPAL ADMINISTRATION BUILDINGS, 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 TOV/ERS, IBRAHIMPATNAM, KRISHNA DISTRICT, REP. BY ITS CHAIRMAN. I 4. THE COMMISSIONER AND DIRECTOR OF administration, ANDHRA GUNTUR DISTRICT. municipal PRADESH AT TADEPALLI, 5. THE DIRECTORATE OF WORKS FLOOR, accounts, 3RD „Sc?“ EP. IRECTOR OF WORKS AND ACCOUNTS. C towers, BY ITS 6. PAY AND ACCOUNTS OFFICER GUNTUR. WORKS AND ACCOUNTS, 7.THE DISTRICT TREASURY OFFICER, 8.THE CORPORATION, MANGALAGIRI, GUNTUR DISTRICT. GUNTUR DISTRICT. municipal COMMISSIONER, MANGALAGIRI TADEPALLI BY ITS REP. ...RESPONDENT(S): Petition under Article 226 of that in the circumstances stated i High Court the Constitution of India praying affidavit filed therewith the er KS. 3,55,152/-. Rs. Rs.6 36 007/- totaling Rs 17 74 Qin/ re + ' ’ ~ respectively amount amount of an pass 3 lA NO: 1 OF 2024 praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondents herein to release the due amount of Rs.3,55,152/-, Rs7,83,751/- and Rs.6,36,007/- respectively totaling Rs.l7,74,910/-(Seventecn Lakhs Seventy Four Thousand Nine Hundred and Ten) payable to petitioner in relation to 3 works executed for 8th respondent by it, under agreements Bearing No’s 514/2022-23 (dated 13-12-2022), 516/2022-23 (dated 13-12- 2022), and 517/2022-23 (dated 13-12- 2024) respectively with in a stipulated time frame and pass Petition under Section 151 CPC lA NO: 1 OF 2025 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: Petition under Section 151 CPC 1.SASANKA BHUVANAGIRI Counsel for the Respondent{S): 1.GP FOR MUNCIPAL ADMN URBAN DEV 2. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 3.GP FOR FINANCE PLANNING The Court made the following: 4 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 17133 of 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. Learned counsel appearing for the petitioner submits that this 2. writ petition is filed by the contractor, who executed various works in Mangalgiri-Tadepalli Municipal Corporation limits. The petitioner was completed the works to the satisfaction of the Mandalgiri-Tadepa lli Municipal Corporation and the final bills were also released by the competent authority. However, the bills were not released. The petitioner executed the works from the year 2022-23. 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 this writ petition. 3. Learned Standing Counsel appearing for Corporation submits that on 09.08.2024, a 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 2019-2024 and the reports were awaited. year 4. Considering the submissions of learned counsel for the petitioner and learned Standing Counsel for Municipal Corporation, 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 not submitted on the methodology adopted by the vigilance committee to verify the works completed about five has 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 accordance with law. Further, the petitioner shall submit petitioner in a security bond for the amount released and in case it is found that he is due payable, the department can take appropriate action for recovery of w 10. Two CCs to GP for Municipal admin and Urban Dev High Court of Andhra Pradesh [OUT] Two CCs to GP for Finance Planning High Court of Andhra Pradesh [OUT] One CC to Sri. A.S.C Bose (SC for Municipal Corporations) IJ / 11. 12. [OPUC] 13. Two CD Copies GSC 6 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. There shall be order as to costs. no As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- G. HELA NAIDU assistant registrar //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Municipal Administration Department, State of AP, 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. 3. The Chairman, Andhra Pradesh Comprehensive Financial Management System, (CFMS), 6th floor, C block, Anjaneya Tov/ers, Ibrahimpatnam, Krishna District. 4. The Commissioner and Director of Municipal Administration, Andhra Pradesh at Tadepalli, Guntur District. 5. The Director of Works and Accounts, Directorate of Works and Accounts, 3rd floor, C block, Anjaneya Towers, Ibrahimpatnam, Krishna District. 6. The Pay and Accounts Officer, Works and Accounts, Guntur. 7. The District Treasury Officer, Guntur district. 8. The Commissioner, Mangalagiri Tadepalli Municipal corporation, Mangalagiri, Guntur district. 9. One CC to Sri. Sasanka Bhuvanagiri Advocate [OPUC] I ■n HIGH COURT DATED:22/07/2025 ORDER WP NO. 17133 OF 2024 $ 20 SEP 2025 g ^ . Current Section . ^ DISPOSING THE WP WITHOUT COSTS