APHC010366622025 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: 18718/2025 Between: 1. PAVULURI VAMSI KRISHNA, S/O SRINIVASA RAO, AGED ABOUT 31 YEARS, OCC CONTRACTOR, R/O D.NO. 3-64/1, MAGALLU, KRISHNA DISTRICT, ANDHRA PRADESH - 521185. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY TO GOVERNMENT, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS SPECIAL CHIEF SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE MANGALAGIRI TADEPALLI MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, KUNCHENPALLI, TADEPALLI, GUNTUR DISTRICT. 4. THE SUPERINTENDING ENGINEERFAC, MANGALAGIRI TADEPALLI MUNICIPAL CORPORATION KUNCHENPALLI, TADEPALLI, 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 2 one in the nature of WRIT OF MANDAMUS declaring the action of the respondent authorities in not releasing the net payable amount of 40,93,104.00/- (Rupees Forty Lakhs Ninety-Three Thousand One Hundred and Four only) to the petitioner, despite due completion of the contractual work awarded under Agreement No. 826/2022-23 dated 20.03.2023, and further despite measurement, certification, and admission of the same by the competent authorities, as illegal, arbitrary, unjust, and violative of the petitioners fundamental rights guaranteed under Articles 14, 19(1)(g), and 300-A of the Constitution of India and consequently direct the respondent authorities to forthwith release the said amount of f40,93,104.00/- along with interest at the rate of 18percent per annum, from the date of the final bill (i.e., 10.03.2024) till the date of actual realisation, in the interest of justice and pass 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 respondent authorities to release the admitted and certified net amount of f40,93,104.00/- (Rupees Forty Lakhs Ninety- Three Thousand One Hundred and Four only) to the petitioner, and pass such Counsel for the Petitioner: 1. V.N.V.SURYA DATTU 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 4; the learned Assistant Government Pleader for Finance and Planning, for the 2nd respondent and learned Standing Counsel for Municipal Corporation, for the 3rd 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 No.826/2022-2023, dated 20.03.2023. 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 : 22.07.2025 BMS