APHC010359972025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18154/2025 Between: 1. KANCHETI APPA RAO, S/O. K. VARAPRASADA RAO AGED 56 YEARS, OCC CONTRACTOR, R/O. FLAT NO. 402, BHUVANA ENCLAVE, LITTLE FLOWER PUBLIC SCHOOL, GUNTUR GUNTUR DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL, AMARAVATHI, GUNTUR DISTRICT. 3. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, PADMINI ENCLAVE, 5TH LANE 417, MAHATMA GANDHI INNER RING ROAD, ANNAPURNA NAGAR, GUNTUR, ANDHRA PRADESH 522034. 4. MANGALAGIRI TADEPALLI MUNICIPAL CORPORATION, REP.BY ITS COMMISSIONER, MANGALAGIRI, GUNTUR DISTRICT. 5. THE MUNICIPAL ENGINEER, MANGALAGIRI - TADEPALLI MUNICIPAL CORPORATION MANGALAGIRI, GUNTUR DISTRICT. 2 6. SUPERINTENDING ENGINEER FAC, MANGALAGIRI - TADEPALLI MUNICIPAL CORPORATION, MANGALAGIRI, 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 tomay be pleased to issue a writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents herein in not paying the amount of Rs. 9068062.00/-(Rupees Ninety lakhs Sixty Eight Thousand sixty two only) that is payable to the Petitioner herein for the work of MTMC Providing BT Road from Kallam Sanjeeva Reddy House(16-1/159) to Pasam Koti Reddy Ganuga oil (16-1-6) in Penumaka village of Mangalagiri Tadepalli Municipal Corporation that had been executed by the Petitioner herein, as being illegal, arbitrary, unjust and violative of Articles 14, 19(1)(g), 21 and 300A of the Constitution of India and consequently direct the Respondents herein to pay Rs. 9068062.00/-(Rupees Ninety lakhs Sixty Eight Thousand sixty two only) that is payable to the Petitioner Firm and pass such 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 may be pleased to direct the respondents herein to release the funds through proper means for the cost sustained by the Petitioner towards labour charges and procurement of material for the contract and pass such Counsel for the Petitioner: 1. AMIRISETTY SAI RAGHAVA Counsel for the Respondent(S): 1. GP FOR MUNCIPAL ADMN URBAN DEV 2. GP FOR FINANCE PLANNING 3 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 3; the learned Assistant Government Pleader for Finance and Planning, for the 2nd respondent and learned Standing Counsel for Municipal Corporation, for the respondents 4 to 6. 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 No.192/2022-2023, dated 17.06.2023. 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 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 : 21.07.2025 BMS