APHC010417372024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) ■Jy WEDNESDAY, THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No: 21572 OF 2024 Between: Jasti Srah Constructions Private Ltd, Corporate Office at; D.No.17-2-164/1, 3 line, Vidyanagar, Guntur, Rep. by its Director, Jasti Srinivasa Rao, S/o. Madhava Rao, Aged about 52 years, D.No. 17-2-164/1,3'"' line, Vidyanagar, Guntur. rd ...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, A.P Secretariat buildings. 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 Treasuries and Accounts, 3 Anjaneya Towers, Ibrahimpatnam, Krishna District. Director. 6. Pay and Accounts Officer, Treasuries and Accounts, Guntur. rd floor, C-Block, Rep. by its 7. The District Treasury Officer, Guntur district. 8. The Mangalagiri Tadepalli Municipal Commissioner, Mangalagiri, Guntur District corporation. Rep. By its ...Respondents India praying that in the the High Court may be . one in the nature of Petition under Article 226 of the Constitution of circumstances stated in the affidavit filed therewith pleased to issue a writ or direction more particularly WRIT OF MANDAMUS declaring the action of the respondents in not paying the admitted and final bill amount of Rs.77,43,888/-(Seventy Seven lakhs Forty Three Thousand Eight Hundred and Eighty Eight) for work executed for 8th payable to petitioner MTMC- Construction of municipal shopping complex (Chenetha Bazar) in 28'^ ward in Mangalagiri Tadepalli Municipal Corporation under respondent namely Municipal General Funds under despite finalizing the agreement Bearing No 251/2022-23 dated 23-08-2022 bill, as illegal arbitrary, unconstitutional and consequently direct the respondents herein to immediately pay the due amount of Rs.77,43,888/- (Seventy Seven lakhs Forty Three Thousand Eight) payable to petitioner for to the said Eight Hundred and Eighty work executed for 8th respondent under the said agreement with an interest @ 12% per annum. lA No: 1 OF 2024 Petition under Section 151 CPC in the affidavit filed in support of the petition, the High Court may be pleased to direct the 8*^ respondents herein to release the praying that in the circumstances stated due amount of Rs.77,43,888/- Hundred and Eighty Eight) executed for respondent namely “MTMC- Construction of municipal shopping complex (Chenetha Bazar) in 28'^ ward in Mangalagiri Tadepalli Municipal Corporation under Municipal General Funds under agreement Bearing No 251/2022-23 (Seventy Seven lakhs Forty Three Thousand Bight payable to petitioner for work dated 23-08-2022, within a stipulate 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 No.5: SRI A.S.C.BOSE, SC FOR MUNICIPAL CORPORATIONS Counsel for the Respondent Nos.2, 3, 5 to 7: GP FOR FINANCE & PLANNING The Court made the following: APHC010417372024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 21572/2024 Between: 1.JASTI SRAH CONSTRUCTIONS PRIVATE LTD, CORPORATE OFFICE AT D.NO. 17-2-164/1, 3RD LINE, VIDYANAGAR, GUNTUR, REP. BY ITS DIRECTOR, JASTi SRINIVASA RAO, S/0 MADHAVA RAO, AGED ABOUT 52 YEARS, D.NO. 17-2-164/1,3RD LINE, VIDYANAGAR, GUNTUR. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT, A.P SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. MUNICIPAL ADMINISTRATION 2.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETAIY, 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. .iT 2 5.THE DIRECTORATE OF TREASURIES AND ACCOUNTS, 3RD FLOOR, C BLOCK, ANJANEYA TOWERS, KRISHNA DISTRICT. REP. BY ITS DIRECTOR. 6.PAY AND ACCOUNTS OFFICER, TREASURIES AND ACCOUNTS, GUNTUR. IBRAHIMPATNAM 7.THE DISTRICT TREASURY OFFICER, GUNTUR DISTRICT. 8.THE MANGALAGIRI TADEPALLI MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, MANGALAGIRI, 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 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 and final bill amount of Rs.77,43,888/-(Seventy Seven lakhs Forty Three Thousand Eight Hundred and Eighty Eight ) payable to petitioner for work executed for 8th respondent namely MTMC- Construction of municipal shopping complex (Chenetha Bazar) in 28th ward in Mangalagiri Tadepalli Municipal Corporation under Municipal General Funds under agreement Bearing No 251/2022-23 dated 23-08-2022, despite finalizing the bill, as illegal, arbitrary, unconstitutional and consequently direct the respondents herein to immediately pay the due amount of Rs.77,43,888/-(Seven ty Seven lakhs Forty Three Thousand Eight Hundred and Eighty Eight) payable to petitioner for to the said work executed for 8th respondent under the said agreement with an interest @ 12 percent per annum and pass such 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 may be pleased to direct the 8th respondents herein to release the due amount of Rs.77,43,888/-(Seventy Seven lakhs Forty Three Thousand Bight Hundred and Eighty Eight ) payable to petitioner for work executed for respondent namely “MTMC- Construction of municipal shopping complex (Chenetha Bazar) in 28'^'' ward in Mangalagiri Tadepalli Municipal Corporation under Municipal General Funds under agreement Bearing No 251/2022-23 dated 23-08-2022, within a stipulate time frame and pass such lA NO: 1 OF 2025 ♦V. 3 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 receive the Counter copies on record by allowing the leave petition in the above Writ Petition and pass Counsel for the Petitioner: 1.SASANKA BHUVANAGIRI Counsel for the Respondent(S): 1 .GP FOR MUNCIPAL ADMN URBAN DEV 2.A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 3.GP FOR FINANCE PLANNING The Court made the following: 4 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 the writ petition is filed by the contractor, who executed various works within the limits of the Mangalagiri-Tadepalli Municipal Corporation. The petitioner has completed the works to the satisfaction of the Mangalagiri-Tadepalli Municipal Corporation and the final bills were also approved by the competent authority. However, the bills were not released. The petitioner executed the works during the year 2022-23, and also executed some works in the year 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 the bills by the Corporation, the petitioner has approached this Court by way of the above writ petition. Learned Standing Counsel appearing for Corporation submits that on 3. 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 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. 5 The learned Standing Counsel for the 8*'" respondent has filed a counter affidavit and submits that the bills due and payable to the petitioner are admitted. 4. Considering the submissions of learned counsel for the petitioner and 5. 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 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 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. 6. Accordingly, the Writ Petition is disposed off. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand Sd/- T.SRINIVASA RAO ASSISTANT REGISTRAR closed. //TRUE COPY// SECTIO^FFICER To, 1. The Principal Secretary, Municipal Administration Department, State of Andhra Pradesh Secretariat Buildings, Velagapudi, Guntur District. V I 2. The Principal Secretary, Department of Finance & Planning, State of Andhra Pradesh Secretariat Buildings, Velagapudi, Guntur District. 3. The Chairman, Andhra Pradesh Comprehensive Financial Management System CFMS, 6‘^ Floor, C-Block, Anjaneya Towers, Ibrahimpatnam, Krishna District. 4. The Commissioner & Director of Municipal Administration, Andhra Pradesh at Tadepalli, Guntur District. 5. The Director, Directorate of Treasuries & Accounts, 3''^ Floor, C-Block, Anjaneya Towers, Ibrahimpatnam, Krishna District. 6. The Pay & Accounts Officer, Treasuries & Accounts, Guntur. 7. The District Treasury Officer, Guntur District. 8. The Commissioner, Mangalagiri Tadepalli Municipal Corporation, Mangalagiri, Guntur District. 9. One CC to Sri Sasanka Bhuvanagiri, Advocate [OPUC] lO.TwoCCsto GP for Municipal Admn & Urban Development, High Court of Andhra Pradesh [OUT] 11. One CC to Sri A.S.C.Bose, SC for Municipal Corporations.[OPU C] 12. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh [OUT] 13. Two CD Copies. ssb HIGH COURT DATED:03/09/2025 ORDER WP No.21572 OF 2024 DISPOSING THE WRIT PETITION WITHOUT COSTS