APHC010445502024 IN THE HIGH COURT OF ANDHRA PRADESI AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSANDAND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 22863 OF 2024 Between: Kallam Infra Developers, Office at H.No. 2-33, Undavalli village, Tadepalli mandal, Guntur District, Rep. by its Sole Proprietor, Kallam Rama Devi, W/o Sambireddy, aged about 48 years, R/o H.No. 2-33, Undavalli village Tadepalli mandal, Guntur District. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretaiy 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, 6^'^ 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'"' floor, C block, Anjaneya Towers, Ibrahimpatnam, Krishna District. Rep. by its Director of Treasuries and Accounts. 6. Pay and Accounts Officer, Works and Accounts, Guntur. A.P Secretariat buildings A.P Secretariat buildings. ' 7. The District Treasury Officer, Guntur district. 8. The Mangalagiri Tadepalli Municipal corporation, Rep. By its Commissioner, Mangalagiri, Guntur district. r ...Respondents Petition under Article 226 of the Constitution of India is filed 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 oeclaring the action of the respondents in not paying the admitted bill amount of Rs. 15,81,101/- (Fifteen Lakhs Eighty One Thousand One hundred and One) payable to petitioner in relation to work namely MTMC- Construction of Blance Compound wall at Hindu Burial Ground in Undavallli (V) in Mangalagiri urban of Mangalagiri Tadepalli Municipal Corporation under Municipal General Funds executed for 8*^ respondent by it, under agreement Bearing No. 326/2023-24 dated 15-09-2023 despite finalizing the bills, as illegal, arbitrary, unconstitutional and consequently direct the respondents herein to immediately pay the due amount of Rs. 15,81,101/- (Fifteen Lakhs Eighty One Thousand One hundred and One) payable to petitioner in relation the above work executed for 8^^ respondent under the said agreement with an interest @ 12% per annum . lA NO: 1 OF 2024 Petition under Section 151 CPC is filed 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 of Rs. 15,81,101/- (Fifteen Lakhs Eighty One Thousand One hundred and One) payable to petitioner in relation to work executed for 8'^ respondent by it namely "MTMC- Construction of Blance Compound wall at Hindu Burial Ground in Undavallli (V) in Mangalagiri urban of Mangalagiri Tadepalli Municipal Corporation under Municipal General funds” under agreement Bearing No. 326/2023-24 dated 15-09-2023, within a stipulate time frame. Counsel for the Petitioner: SRI SASANKA BHUVANAGIRI Counsel for the Respondent No’s. 1 & 4:GP MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent No’s. 2, 3, 5 to 7:GP FOR FINANCE & PLANNING Counsel for the Respondent No.8: SRI A S C BOSE r r' sc FOR MUNICIPAL CORPORATIONS The Court mado the following order: APHC010445502024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] i WEDNESDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 22863/2024 Between: 1.KALLAM INFRA DEVELOPERS, OFFICE AT H.NO. 2-33, UNDAVALLI VILLAGE, TADEPALLI MANDAL, GUNTUR DISTRICT, REP. BY ITS SOLE PROPRIETOR, KALLAM RAMA DEVI, W/0 SAMBIREDDY, AGED ABOUT 48 YEARS, R/0 H.NO. 2-33, UNDAVALLI VILLAGE, TADEPALLI MANDAL, GUNTUR DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL DEPARTMENT, A.P SECRETARIAT BUILDINGS, VELAGAPUDI GUNTUR DISTRICT. . SECRETAIY, MUNICIPAL ADMINISTRATION 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. 2 5.THE DIRECTORATE OF TREASURIES AND ACCOUNTS, 3RD IBRAHIMPATNAM, FLOOR, C BLOCK, ANJANEYA TOWERS KRISHNA DISTRICT. REP. BY ITS DIRECTOR OF TREASURIES AND ACCOUNTS. 6.PAY AND ACCOUNTS OFFICER, WORKS AND ACCOUNTS, GUNTUR. 7.THE DISTRICT TREASURY OFFICER, GUNTUR DISTRICT. 8.THE MANGALAGIRI TADEPALLI MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, MANGALAGIRI, GUNTUR DISTRICT. ...RESPONDENT(S); 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: ORDER: Heard learned counsel for the petitioner, learned Assistant Government Pleader for Municipal Administration and Urban Development Assistant Government Pleader for Finance and Planning Standing Counsel for Municipal Corporation. learned and learned 2. Learned counsel appearing for the petitioner submits that the 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 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. writ there 3. Learned Standing Counsel appearing for Corporation submits that 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. on 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 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 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 shall be completed within a period of six (06) weeks from the date of receipt of a copy of this order. 4. to exercise 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/- U.SRI DEVI ASSISTANT REGISTRAR //TRUE COPY// SECT^Tofficer To, 1. The Principal Secretaiy, Municipal Administration Department, State of Andhra Pradesh, A.P Secretariat builoings. District. . 2. The Principal Secretary, Department of Finance and Planning, State of Andhra Pradesh, A.P Secretariat buildings. District. Velagapudi, Guntur Velagapudi, Guntur 3. The Chairman, Andhra Pradesh Comprehensive Financial Management System CFMS, 6^^ floor, C block, Anjaneya Towers Krishna District. 4. The Commissioner and Director of Municipal Administration, Andhra Pradesh at Tadepalli, Guntur District. 5. The Directorate of Treasuries and Accounts, floor, C block, Anjaneya Towers, Ibrahimpatnam, Krishna District. Treasuries and Accounts. 6. The Pay and Accounts Officer, Works and Accounts, Guntur. 7. The District Treasury Officer, Guntur district. 8. The Commissioner, Mangalagiri, Guntur district. Ibrahimpatnam, Rep. by its Director of Mangalagiri Tadepalli Municipal corporation, 9. One CC to SRI. SASANKA BHUVANAGIRI, Advocate [OPUC] SRI. A S C BOSE, (SC FOR MUNICIPAL 10. One CC to CORPORATIONS) [OPUC] Two CCs to GP MUNCIPAL ADMN AND URBAN DEV Court of Andhra Pradesh [OUT] 11. High 12. Two CCs to GP FOR FINANCE PLANNING, High Court of Andhra Pradesh [OUT] Three CD Copies 13. PRK HIGH COURT DATED:13/08/2025 ORDER WP NO. 22863 OF 2024 = 15 SEP 2025 ® ^ Current Section cah DrSPOSING OF THE WP, WITHOUT COSTS