APHC010379822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 19702/2025 Between: 1. K KIRAN KUMAR, S/O. JOGAIAH, AGED ABOUT 54 YEARS, R/O. FLAT NO. G-1, SRI SAMBASIVA HEIGHTS, VIJAYAPURI COLONY, 1ST LINE, JKC COLLEGE ROAD GUNTUR CITY AND DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY FINANCE DEPARTMENT, SECRETARIAT, VELGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT SECRETARIAT, VELGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE MANGALAGIRITADEPALLI MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, MANGALAGIRI - TADEPALLI MUNICIPAL CORPORATION, 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 particularly one in the nature of Writ of Mandamus declaring the action of the respondent authorities in not releasing an amount of Rs. 25,30,549/- to the 2 petitioner for the execution of works, vide Agt. No. 522/2022-23, dated 13-12- 2022, Agt. No. 519/2022-23, dated 13-12-2022, Agt. No. 518/2022-23, dated 13-12-2022, respectively as arbitrary, illegal, contrary to Law and against the Principles of Natural Justice and against the Norms of the Public Policy and to issue consequential direction directing the respondent authorities to release the amout payable to the petitioners with an interest at 18percent per annum and to 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 pleased to direct the respondent authorities to release an amount of Rs. 25,30,549/- to the petitioner for the execution of works, vide Agt. No. 522/2022-23, dated 13-12- 2022, Agt. No. 519/2022-23, dated 13-12-2022, Agt. No. 518/2022-23, dated 13-12-2022, respectively, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. VENKAT SAILENDRA G Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP MUNCIPAL ADMN AND URBAN DEV AP 3 The Court made the following Order: Heard the learned counsel for the petitioner; the learned Assistant Government Pleader for Finance and Planning, for the 1st respondent; the learned Assistant Government Pleader for Municipal Administration and Urban Development, 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 as per Agreement Nos.522/2023- 2023, 519/2022-2023, 518/2022-2023, dated 13.12.2022 and the final bills were also released by the competent authority. However, the bills were not released. 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 : 31.07.2025 BMS