APHC010360792024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18296/2024 Between: 1. YARRAMASU RAMESH BABU, S/O.VENKAIAH, AGED 49 YEARS, OCC CIVIL CONTRACTOR, R/O. 10-10-24/1, ZENDA CHETTU CENTRE, CHENCHUPET, TENALI, GUNTUR DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, SECRETARIAT, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT, AMARAVATI, GUNTUR DISTRICT. 3. THE ANDHRA PRADESH COMPREHENSIVE FINANCIAL MANAGEMENT SYSTEM CFMS, 6TH FLOOR, C BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT, REPRESENTED 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, REPRESENTED BY ITS DIRECTOR OF WORKS AND ACCOUNTS. 6. PAY AND ACCOUNTS OFFICER, WORKS AND ACCOUNTS, GUNTUR. 7. THE DISTRICT TREASURY OFFICER, GUNTUR DISTRICT. 2 HN, J W.P.No.18296_2024 8. THE MANGALAGIRI TADEPALLI MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, 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 topleased to issue a writ of mandamus any other appropriate writ or direction declaring the action of the Respondents in withholding the payment an amount of Rs. 11,27,046/- even after finalizing the bills, payable to the petitioner in relation to the work i.e MTMC - providing granite from HP Petrol Bunk to YSR Centre in Tadepalli Urban, Mangalagiri - Tadepalli Municipal Corporation, vide agreement No.589/2023-24, dated 13.03.2024, as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of Rs.11,27,046/- with interest @12 percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith 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 pleased to direct the respondents to consider for payment of final Bill amounts Rs. 11,27,046/- with interest @12% per annum for the delayed amount to the petitioner in respect of execution of works MTMC - providing granite from HP Petrol Bunk to YSR Centre in Tadepalli Urban, Mangalagiri - Tadepalli Municipal Corporation, vide agreement No.589/2023-24, dated 13.03.2024, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. VIJAYA KUMAR NAIDANA Counsel for the Respondent(S): 1. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 2. GP MUNCIPAL ADMN AND URBAN DEV AP 3. GP FOR FINANCE PLANNING 3 HN, J W.P.No.18296_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. 2. 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. 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 HN, J W.P.No.18296_2024 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 exercise shall be completed within a period of six (06) weeks from the date of receipt of a copy of this order. 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. ___________________ JUSTICE HARINATH.N Date: 15.09.2025 NKA 5 HN, J W.P.No.18296_2024 203 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18296 of 2024 Date: 15.09.2025 NKA