APHC010512612024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) •I THURSDAY. THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 26544 OF 2024 Between: Meda Adinarayana, S/o Sai Babu, Aged about 53 years, Occ Contractor, R/o D.No.6-13/1-23, Gollapalem Gattu, Kothapeta, Vijayawda, N.T.R District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, 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. The Mangalagiri Tadepalli Municipal Corporation, Rep. by its Municipal Commissioner, Guntur District. 7. The Superintending Engineer, Mangalagiri Tadepalli Municipal Corporation 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 an appropriate Writ or Order or direction more particularly in the nature of Writ of Mandamus declaring the action, things and deeds of Respondents in not paying the contract bill amount to the Petitioner i.e.. Rs.46,86,135/- (Rupees Fourty Six Lakhs Eighty Six Thousand and Thirty Five Only) in respect of the works for providing Gl Pipe Lines Drilling of Borewells and Supply of Motors within 6th one One Hundred Respondent Municipal Corporation, which is illegal, irregular, arbitrary, unconstitutional. against to the Principles of Natural Justice and in violation of Articles 14 and 21 of the Constitution of India consequently direct the Respondents to pay the total contract bill amount of Rs.46,86,135/- (Rupees Fourty Six Lakhs Thousand One Hundred and Thirty Five Only) along with interest for the works carried by the Petitioner Eighty Six 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 direct the Respondents forthwith to Rs.46,86,135/- (Rupees Fourty Six Lakhs Eighty Six Thousand and Thirty Five Only) along with interest in respect of works carried by the Petitioner pending disposal of the Writ Petition Counsel for the Petitioner: SRI NARASIMHA RAO Counsel for the Respondents No.1,4: GP FOR MUNCIPAL ADMN URBAN may be pleased to pay the total contract bill amount of One Hundred GUDISEVA Counsel for the Respondents No.2 to 5: GP FOR FINANCE PLANNING Counsel for the Respondents No.6, 7: A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) The Court made the following order: APHC010512612024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] THURSDAY,THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 26544/2024 Between: Meda Adinarayana ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.NARASIMHA RAO GUDISEVA 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: THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 26544 OF 2024 ORDER: This Writ Petition is filed to declare the action, things and deeds of Respondents in not paying the contract bill amount to the Petitioner i.e. Rs.46,86,135/- (Rupees Fourty Six Lakhs Eighty Six Thousand One Hundred and Thirty Five Only) in respect of the works for providing Gl Pipe Lines, Drilling of Borewells and Supply of Motors within 6‘^ Respondent Municipal Corporation, as illegal and arbitrary. A Counter Affidavit was filed on behalf of the Respondent No.6, wherein 2. the execution of agreements and amounts due to the Petitioner was admitted. It is stated at paragraph No.5 that the amounts due to the Petitioner could not be paid due to lack of general funds. Further, it was stated that the Mangalagiri Tadepalli Municipal Corporation 3. had undertaken many works during the previous financial years i.e. 2022-23 & 2023-24, but bills were not paid due to certain lapses, which have been taken in execution of works. Therefore, to observe the lapses in works executed, the Commissioner, Additional Commissioner & Deputy Commissioner of Mangalagiri Tadepalli Municipal Corporation have physically inspected certain works and identified lapses in the preliminary execution of works specifically in categories of Nomination Works, Chenetha Bazar, B.T & CC Roads and Shifting of Works. It is further stated that preliminary report has been submitted to the 4. Commissioner & Director of Municipal Administration, Andhra Pradesh vide Roc.No.758/2024/C, dated 06.10.2024 for taking further action and same is awaited. It is further stated that the Superintendent of Police & Regional Vigilance & 5. Enforcement Officer, Guntur vide Roc.No.138/ 2024/ V&E/ ENGG/ DEE/ GNT, dated 09.08.2024 had informed the Director General & Ex-office Principal Secretary to Government, Vigilance & Enforcement Department, Andhra Pradesh, Vijayawada to conduct detailed enquiry on certain aspects pertaining to Mangalagiri Tadepalli Municipal Corporation and it was requested to furnish the information relating to the works done 2019-2024 onwards. 6. Thereupon, the Vigilance & Enforcement Department has taken up verification on the works executed from 2019-2024 and the report is yet to be received, therefore the payments were not made apart from financial priorities of the Respondent-Corporation. This Court after hearing the respective counsel is of the considered opinion 7. that as there is no dispute to the execution of works and amounts due to the Petitioner as apparent from Paragraph No.5 of the Counter Affidavit, the n Petitioner in that scenario cannot be called upon to wait peremptorily for conclusion of vigilance enquiry to receive his rightful amounts. At the same time, this Court cannot foreclose the vigilance enquiry. Therefore, a balance has to be maintained vis-a-vis the ongoing vigilance enquiry and Petitioner, whose execution of works and amounts due are not in dispute. Therefore, it would be appropriate to dispose of the Writ Petition with the following directions; (i) The Petitioner shall submit a security bond undertaking to reimburse the amount to the Respondent-Corporation, if any on account of deficiency in the work or excess payment is made by the Respondent-Corporation pursuant to 8. the ongoing vigilance enquiry; (ii) On furnishing of security bond, the Respondent authorities are directed to the amounts due to the Petitioner within a period of six (6) months from pay today; (iii) No order as to costs. With the above observation, the Writ Petition is disposed of. 9. As a sequel, pending applications, if any, shall stand closed. 10. Sd/- N. NAGAMMA assistant REGI^AR SECT4^%FFICER //TRUE COPY// To, 1. The Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Principal Secretary, Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, 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 and Accounts, 3rd floor, C block, Anjaneya Towers, Ibrahimpatnam, Krishna District 6. The Municipal Commissioner, Mangalagiri Tadepalli Municipal Corporation, Guntur District. 7. The Superintending Engineer, Mangalagiri Tadepalli Municipal Corporation Guntur District. 8. One CC to SRI NARASIMHA RAO GUDISEVA Advocate [OPUC] 9. Two CCS to GP FOR MUNCIPAL ADMN URBAN DEV High Court of Andhra Pradesh [OUT] 10. One CC to SRI A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) Advocate [OPUC] 11. Two CCs to GP FOR FINANCE AND PLANNING High Court of Andhra Pradesh [OUT] 12. Two CD Copies gsg HIGH COURT DATED: 10/07/2025 ORDER WP NO. 26544 OF 2024 <y 2 » JUI 2TO m ,9, C9 ^ . Current Section DISPOSING THE WP WITHOUT COSTS