APHC010403882024 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: 20545 OF 2024 Between: M/s BSR Infracon, D.No. 3-246/2, Kunchanapalli, Tadepalli, Guntur District, Rep by its sole proprietor, Bonthu Uday Kanth, S/o Sambi Reddy, Aged about 30 Years, R/o D. No. 3-246/2, Kunchanapalli, Guntur district. ^Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Municipal Administration Department, A.P Secretariat buildings, Velagapudi, Guntur District. 2. The State of Andhra Pradesh, Represented by its Principal Secretary, Department of Finance and Planning, A.P Secretariat buildings, 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 and 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. 4^ 7. The District Treasury Officer, Guntur district. 8. The Mangalagiri Tadepalli Municipal corporation, Rep. By its Commissioner, Mangalagiri, Guntur district. ...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 issue a writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not paying the admitted due amounts/final bill amounts of Rs 2,53,519/-, Rs 3,86,925/-, Rs 7,33,029/- and Rs. 7,89,975/- respectively totaling Rs 21,63,448 /- (Twenty One Lakhs Sixty Three thousand Four Hundred and Forty Eight) payable to petitioner for 4 works executed for 8th respondent by it, under agreements Bearing No's 485/2022-23 (dated 28-11-2022), 486/2022-23 (dated 28-11- 2022), 717/2022-23 (dated 03-02-2023) and 206/2023-24 (dated 14-09-2023) respectively despite finalizing the bills, as illegal, arbitrary, unconstitutional and conseguently direct the respondents herein to immediately pay the due bill/ final bill amounts of Rs 2,53,519/-, Rs 3,86,925/-, Rs 7,33,029/- and Rs. 7,89,975/- respectively totaling Rs 21,63,448 /- (Twenty One Lakhs Sixty Three thousand Four Hundred and Forty Eight) payable to petitioner for 4 works executed for 8th respondent under the said agreements with an interest @ 12% per annum. lA 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 to direct the respondents herein to release the due amount/final bill amounts of Rs 2,53,519/-, Rs 3,86,925/-, Rs 7,33,029/- and Rs. 7,89,975/- respectively totaling Rs 21,63,448 /- (Twenty One Lakhs Sixty Three thousand Four Hundred and Forty Eight) payable to petitioner for 4 works executed for 8th respondent by it. under agreements Bearing No’s 485/2022-23 (dated 28-11-2022), 717/2022-23 (dated 28-11 -2022), 486/2022-23 (dated 4fi 03-02-2023) and 206/2023-24 (dated 14-09-2023) respectively within a Stipulated time frame. Counsel for the Petitioner: M/S. SASANKA BHUVANAGIRI Counsel for the Respondent No.8: SRI A S C BOSE (SC FOR MUNICIPAL CORPORATIONS) Counsel for the Respondent Nos. 1 & 4: GP FOR MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent Nos. 2, 3, 5 to 7: GP FOR FINANCE & PLANNING The Court made the following order: APHC010403882024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0jii0 [3457] TUESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20545/2024 Between: 1.M/S BSR INFRACON,, D.NO. 3-246/2, KUNCHANAPALLI, TADEPALLI, GUNTUR DISTRICT, REP BY ITS SOLE PROPRIETOR, BONTHU UDAY KANTH, S/0 SAMBI REDDY, AGED ABOUT 30 YEARS, R/0 D. NO. 3-246/2, KUNCHANAPALLI, GUNTUR DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY SECRETARY, ITS PRINCIPAL MUNICIPAL ADMINISTRATION DEPARTMENT, A.P SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING A.P SECRETARIAT BUILDINGS, 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. 2 4.THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, ANDHRA PRADESH AT TADEPALLI, GUNTUR DISTRICT. 5.THE DIRECTORATE OF WORKS AND ACCOUNTS, 3RD FLOOR, IBRAHIMPATNAM DIRECTOR OF WORKS AND ACCOUNTS. C BLOCK, ANJANEYA TOWERS, KRISHNA DISTRICT. REP. BY ITS 6. PAY AND ACCOUNTS OFFICER, WORKS AND ACCOUNTS, GUNTUR. 7.THE DISTRICT TREASURY OFFICER, GUNTUR DISTRICT. 8.THE TADEPALLI CORPORATION, REP. BY ITS COMMISSIONER, MANGALAGIRI, GUNTUR DISTRICT. MANGALAGIRI MUNICIPAL ...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 or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not paying the admitted due amounts/final bill amounts of Rs 2,53,519/-, Rs 3,86,925/-, Rs 7,33,029/- and Rs. 7,89,975/- respectively totaling Rs 21,63,448 /- (Twenty One Lakhs Sixty Three thousand Four Hundred and Forty Eight) payable to petitioner for 4 works executed for 8th respondent by it, under agreements Bearing No's 12022-23 (dated 28-11-2022), 486/2022-23 (dated 28-11- 2022), 717/2022-23 (dated 03-02-2023) and 206/2023-24 (dated 14-09-2023) respectively despite finalizing the bills, as illegal, arbitrary, unconstitutional and consequently direct the respondents herein to immediately pay the due bill/ final bill amounts of Rs 2,53,519/-, Rs 3,86,925/-, Rs 7,33,029/- and Rs. 7,89,975/- respectively totaling Rs 21,63,448 /- (Twenty One Lakhs Sixty Three thousand Four Hundred and Forty Eight) payable to petitioner for 4 works executed for 8th respondent under the said agreements with an interest @12 percent per annum and pass 3 lA 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 herein to release the due amount/final bill amounts of Rs 2,53,519/-, Rs 3,86,925/-, Rs 7,33,029/- and Rs. 7,89,975/- respectively totaling Rs 21,63,448 /- (Twenty One Lakhs Sixty Three thousand Four Hundred and Forty Eight) payable to petitioner for 4 works executed for 8* respondent by it, under agreements Bearing No’s 485/2022-23 (dated 28-11-2022), 486/2022-23 (dated 28-11-2022), 717/2022-23 (dated 03-02-2023) and 206/2023-24 (dated 14-09-2023) respectively within a stipulated time frame and pass Counsel for the Petitioner: 1.SASANKA BHUVANAGIRI 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 The Court made the following: 4 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 20545 of 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 this writ petition is filed by the contractor, who executed various works in Mangalgiri-Tadepalli Municipal Corporation limits. The petitioner has completed the works to the satisfaction of the Mandalgiri-Tadepa lli Municipal Corporation and the final bills were also released by the competent authority. However, the bills were not released. The petitioner executed the works from the year 2022 to 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 bills by the Corporation, the petitioner has approached this Court by way of this writ petition. 5 3. Learned Standing Counsel appearing for Corporation submits that on 09.08.2024, a 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. Considering the submissions of learned counsel for the petitioner and learned Standing Counsel for Municipal Corporation, 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 petitionerin accordance with law. Further, the petitioner shall submit a security bond for the amount released and in case it is found that he is due payable, the department can take appropriate action for recovery of 6 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. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. Sd/- B. PRASADA RAO ASSISTANT REGISTRAR If — SECTIQN OFFICER //TRUE COPY// To, 1. The Principal Secretary, Municipal Administration Department, Secretariat buildings, Velagapudi, Guntur District. 2. The Principal Secretary, Department of Finance and Planning Secretariat buildings, Velagapudi, Guntur District. 3. The Chairman, Andhra Pradesh Comprehensive Financial Management System CFMS, 6th floor, C block, Anjaneya Towers, Ibrahimpatnam, Krishna District. 4. The Commissioner and Director of Municipal Administration, Andhra Pradesh at Tadepalli, Guntur District. 5. The Director of Works and Accounts, Directorate of Works Accounts, 3rd floor, C block, Anjaneya Towers, Ibrahimpatnam, Krishna District. 6. The Pay and Accounts Officer, Works and Accounts, Guntur. 7. The District Treasury Officer, Guntur district. 8. The Commissioner, Mangalagiri Tadepalli Municipal Mangalagiri, Guntur district. 9. One CC to M/s. Sasanka Bhuvanagiri Advocate [OPUC] 10. One CC to Sri A S C Bose (SC for Municipal Corporations) Advocate A.P A.P and corporation. 11- Two CCs to GP for Muncipal Admn Andhra Pradesh [OUT] 12. Two CCs to GP for Finance & Planning, High Court of Andhra [OUT] 13. Two CD Copies and Urban Dev, High Court of Pradesh TF HIGH COURT DATED:22/07/2025 ORDER WP NO. 20545 OF 2024 *mdS^ I 2DS?PJ(125 ^ ^ ^ Current Jiecuon DISPOSING OF THE W.P., WITHOUT COSTS