APHC010378762025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19302/2025 Between: 1. M/S. SURYA INFRA, REP BY PROPRIETOR, SRI GANGIREDDY SESHI REDDY, S/O KOTTI REDDY, AGED 50 YEARS, D.NO.9-165, JANGAMGUNTAPALEM(V), MEDIKOUNDURU(M), GUNTUR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR. 2. MUNICIPAL CORPORATION, MANGALAGIRI TADEPALLI, REP BY ITS COMMISSIONER, GUNTUR DISTRICT. 3. THE SUPERINTENDING ENGINEER FAC, MANGALAGIRI TADEPALLI, MUNICIPAL CORPORATION, GUNTUR DISTRICT. 4. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, 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 an appropriate Writ Order or direction more 2 particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs. 30,99,086/- (Thirty Lakhs, Ninety Nine Thousand, Eighty Six Rupees only) even after finalizing the bills payable to the petitioner in relation to the two works i.e ' I, MTMC-Providing CC Roads from Grandhalayam to modugula prasada Reddy house in Nutakki(v) of mangalagiri tadepalli municipal corporation under municipal general funds ,Agreement No.804/2022- 2023,Dated.10.03.2023(Rs.8,84,099/-),il.MTMC- Providing of CC Roads from ravula sambi reddy house to Jonnala prasada reddy house in nutakki(v) of mangalagiri tadepalli municipal corporation under municipal grant funds ,Agreement no.211/2023-24,Date.15- 09- 2023(Rs.24,48,235/-)' For the year 2023 as bad ,illegal, arbitrary, improper, unjust and against the Article 21 of constitution of india and consequently direct the respondents to pay the amounts of Rs.30,99,086/- (Thirty Lakhs, Ninety Nine Thousand, Eighty Six Rupees only) with interest @ 24percent per annum for the delayed amount till date of realization for the works executed by the petitioner and pass a 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 pleased to direct the respondents to releasing the amounts Rs.30,99,086/- payable to him, pending disposal of the write petition and pass Counsel for the Petitioner: 1. DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 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 1st respondent; the learned Assistant Government Pleader for Finance and Planning, for the 4th respondent and learned Standing Counsel for Municipal Corporation, for the respondents 2 and 3. 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 Nos.804/2022-2023, dated 10.03.2023 and 211/2023-2024, dated 15.09.2023. 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 ten (10) 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 : 28.07.2025 BMS