APHC010463522025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23506/2025 Between: 1. SRI SAI RAM CONTRACT WORKS, REP.BY.PROPRIETOR SRI.KOLLI VENKATA KUMARI C/O KOLLI KRISHNA MUTHY.AGEDSS YEARS, D.NO.9-6A/14,FLOT NO.13,ANJANEYASWAMY TEMPLE, LALPURAMBHAVANIPURAM, ETUKUR, GUNTUR DISTRICT. 2. M/S.SRI GANESH LAKSHMI CONSTRUCTIONS, REP.BY.PROPRIETOR.,SRIKOLLIVENKATAKUMARI S/O.K.KRISHNAMURTHY.AGED 32 YEARS, D.NO.9- 6A/16,BHAVANIPURAM,LALPURAM, ETUKUR,GUNTUR DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR. 2. THE MANGALAGIRI TADEPALLI MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER, GUNTUR DISTRICT. 3. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT . ...RESPONDENT(S): 2 HN, J W.P.No.23506_2025 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 Respondents in withholding the payments of pending amounts of Rs.13,68,596/-(Thirteen Lakhs Sixty Eight Thousand Five Hundred and Ninety Six only )even after finalizing the bills payable to the petitioner in relation to the Eight works i.e I,Providing wonder floor resilient flooring mat for returning officer chamber and observer room in MTMC(Rs.1,84,159/-) ,II.Providing 5 seater sofa set tea poy and aluminium partionetc.,atreturing officer chamber in MTMC(Rs.1,70,276/-),III.Providingand renovation wall tiles ,wash basin and necessary arragements at observer chamber in MTMC(Rs.1,91,794/- ),IV.Repairs and rectification of spilt A.C.Painting to 3 seating stolica airport chairs in Mangalagiri municipal office and Arrangements of revolving chairs to tadepalli municipal office in MTMC (Rs.1,95,578/-),V.Supply and delivery of spilt A.C Executive table in special officer peshi room in ground floor of MTMC(Rs.1,63,977/-)VI.ProvidingAluminumpartion with wood door at joint collators conference hall in mangalagirimunicipal office in MTMC (Rs.1,87,588/-),VII.Supply ,Delivery and fixing of revolving chairs to municipal office and supply delivery and fiing of desktop computers to incharge A.E.-1 in MTMC(Rs.1,37,612/-),VIII.Supply ,Delivery and fixing of revolving chairs to municipal office and supply delivery and fixing of desktop computers to incharge A.E.-2 in MTMC(Rs.1,37,612/-) For the year 2023as 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.13,68,596/-(Thirteen Lakhs Sixty Eight Thousand Five Hundred and Ninety Six only )with interest @ 24 percent per annum for the delayed amount till date of realization for the works executed by the petitioner and 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 respondents to releasing the amounts Rs.13,68,596/- (Thirteen Lakhs Sixty Eight Thousand Five Hundred and Ninety Six only )payable to him, pending disposal of the writ petition and pass Counsel for the Petitioner(S): 3 HN, J W.P.No.23506_2025 1. DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 2. GP FOR FINANCE PLANNING 4 HN, J W.P.No.23506_2025 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. 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 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 HN, J W.P.No.23506_2025 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 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. 5. 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 closed. ___________________ JUSTICE HARINATH.N Date: 04.09.2025 NKA 6 HN, J W.P.No.23506_2025 58 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 23506 of 2025 Date: 01.09.2025 NKA