APHC010367612025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 18664 OF 2025 Between: Kotapati Prabhakar, S/o. Malyadri, Aged about 43 years, Occ: Civil ^ Contractor, R/o. D.No. 7-19-1SO0S/2, Vasantharayapuram, Guntur. ...Petitioner AND 1. The State of .Andhra Pradesh, Represented by its Principal Secrstar>' Municipal Administration Department, Velagapudi, Guntur District. 2. The State of Andhra Pradesh, Represented by its Principal Secretary, Department of Finance and Planning 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 arid 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. A.P Secretariat buildings. A.P Secretariat buildings. / 8. The Mangalagiri Tadepaffi Municipal corporation, Commissioner, 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 a writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the issue respondents in not paying the admitted due amount of Rs. 11,30,809/- (Eleven Lakhs thirty thousand eight hundred and nine) payable to petitioner for work executed for 8*^ respondent by the Renuevation and Repairs of Ladies Compound in 32"^^ ward petitioner, namely MTMC- and Gents Toilets in Court Mangalagiri Town in Mangalagiri Tadepalli Municipal Corporation under Municipal General Funds under agreement Bearing No. 250/2021-2022, despite finalizing the bill, dated 21-02-2022, illegal, arbitrary, unconstitutional and consequently direct the respondents herein to immediately pay the due amount of Rs. 11,30,809/- (Eleven Lakhs thirty thousand eight hundred and nine) payable to petitioner for the above work executed for 8*^ respondent under the said agreement with an interest @12% per annum. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents herein to release the due amount of Rs. 11,30,809/- (Eleven Lakhs thirty thousand eight hundred and nine) payable to petitioner for work executed for 8*^ respondent by the petitioner, namely MTMC-Renuevation and Repairs of Ladies & Gents Toilets in Court Compound in 32nd ward Mangalagiri Town in Mangalagiri Tadepalli Municipal Corporation under Municipal General Funds”, under agreement Bearing No. 250/2021-2022, dated 21-02-2022 , within a stipulated time frame. Counsel for the Petitioner: SRI SASANKA BHUVANAGIRI Counsel for the Respondent Nos.1 & 4 : GP FOR MUNICIPAL ADMN URBAN DEVELOPMENT Counsel for the Respondent Nos.2, 3, 5 to 7 : GP FOR FINANCE PLANNING Counsel for the Respondent No.8 : SRI A.S.C BOSE, SC FOR MUNICIPALITY The Court made the following order: APHC010367612025 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: 18664/2025 Between: 1.KOTAPATI PRABHAKAR, KOTAPATI PRABHAKAR, S/0 MALYADRI, AGED ABOUT 43 YEARS, OCC CIVIL CONTRACTOR R/0 D.NO. 7- 19-160/76/2, VASANTHARAYAPURAM, GUNTUR. ...PETITIONER AND 1.THE STATE OF .ANDHRA PRADESH, REPRESENTED BY ITS MUNICIPAL PRINCIPAL SECRETARY, DEPARTMENT, A.P SECRETARIAT BUILDINGS, VELAGAPUDI GUNTUR DISTRICT. ADMINISTRATION 2.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS DEPARTMENT OF FINANCE AND A.P SECRETARIAT BUILDINGS, PRINCIPAL SECRETARY, PLANNING GUNTUR DISTRICT. VELAGAPUDI 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 IBRAHIMPATNAM, KRISHNA BLOCK, ANJANEYA TOWERS, DISTRICT. REP. BY ITS DIRECTOR OF WORKS AND ACCOUNTS. 6. PAY AND ACCOUNTS OFFICER, WORKS AND ACCOUNTS GUNTUR. 2 7.THE DISTRICT TREASURY OFFICER, GUNTUR DISTRICT. 8.THE MANGALAGIRI TADEPAFFI MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, MANGALAGIRI, GUNTUR Dl ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the Fligh Court may be pleased tomay be pleased to a writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the issue respondents in not paying the admitted due amount of Rs. 11,30,809/- (Eleven Lakhs thirty payable to petitioner for workthousand eight hundred and nine) executed for 8th respondent by the Renuevation and Repairs of Ladies Compound in 32nd ward petitioner, namely MTMC- and Gents Toilets in Court Mangalagiri Town in Mangalagiri Tadepalli Municipal Corporation under Municipal General Funds under agreement Bearing No. 250/2021-2022, despite finalizing the bill, dated 21-02-2022, illegal, arbitrary, unconstitutional andconsequently direct the respondents herein to immediately pay the due amount of Rs. 11,30,809/- (Eleven Lakhs thirty thousand eight hundred and nine) payable to petitioner for the above work executed for 8th respondent under the said agreement with an interest @ 12 percent per annum 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 Fligh Court may be pleased may be pleased to direct the respondents herein to release the due amount of Rs. 11,30,809/- (Eleven Lakhs thirty thousand eight hundred and nine) payable to petitioner for work executed for 8th respondent by the petitioner, namely “MTMC-Renuevation and Repairs of Ladies & Gents Toilets in Court Compound in 32nd ward Mangalagiri Town in Mangalagiri Tadepalli Municipal Corporation under Municipal General Funds”, under agreement Bearing No. 250/2021-2022, dated 21-02-2022 , within a stipulated time frame and pass such Counsel for the Petitioner: 1.SASANKA BHUVANAGIRI 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 respondents 2, 3, 5 to 7 and learned Standing Counsel for Municipal Corporation, for the 8*'^ respondent. 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, ted the works as per Agreement dated 21.02.2022. 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. 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. 2. Tho r%cat • t • o o r iwi 1 I ovarii t >1 1 y y I I 3. 4 4. Considering the submissions of learned counsel for the and learned Standing Counsel for the respondents considered view that the bills due payable to the petitioner for the petitioner this Court is of 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 Counsel has not submitted Standing 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 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. IS Touno LI lai exercise 5. Accordingly, the Writ Petition is disposed of. No costs. 6. Pending miscellaneous petitions, if any, shall s>b(J closed. //TRUE COPY// RPnilSTDAO Sd/- P VINOD KUMAR ASSISTANT REGISTRAR I SECTION OFFICER To, 1 ■ The Principal Secretary, Municipal Administration r Andhra Pradesh, A.P Secretariat buildings, Velagapudi 2. The Principal Secretary, Department of Finance Department, State of . Guntur District. and Planning, State of Andhra Pradesh, A.P Secretariat buildings, Velagapudi, Guntur District 3. The Chairman, Andhra Pradesh Comprehensive System CFMS, 6'" floor, C block. Financial Management Anjaneya Towers, Ibrahimpatnam, Krishna District. 4. The Commissioner and Director of Pradesh at Tadepalli, Guntur District. 5. The Directorate of Works and Accounts, 3"* floor, C block, Anjaneya Towers, Ibrahimpatnam, Krishna District. Rep. by its Director of Works Municipal Administration, Andhra and Accounts. 6. The Pay and Accounts Officer. Works and Accounts 7. The District Treasury Officer, Guntur District. 8. The Commissioner. Mangalagiri Tadepaffi Mangalagiri, Guntur District. 9. One CC to Sri Sasanka Bhuvanagiri, Advocate [OPUC] 10. Two CCs to GP for Municipal Admn & Urban of Andhra Pradesh [OUT]^ = 11.Two CCs to GP for Finance & Planning, High [OUT] 12. One CC to Sri A.S.C. Bose, SC for Municipality (OPUC) 13. Two CD Copies , Guntur. Municipal Corporation, Development, High Court Court of Andhra Pradesh Cnr HIGH COURT DATED:22/07/2025 ORDER WP NO. 18664 OF 2025 20 SEP 2025 a ^ , Curnnt SMUon °C8P«TC>^i^ DISPOSING OF THE W.P. WITHOUT COSTS