TIRUMALA ENTERPRISES v. THE STATE OF ANDHRA PRADESH
WP/24796/2025 · 2025-09-14
Harinath N
body2025
DailyLaw.ai
[ 2025 DAILYLAW 45526 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 45526 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010485802025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY,THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 24796/2025 Between: Tirumala Enterprises ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. GNANESWARA RAO MITTIREDDI 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:
-2- W.P. No.24796 OF 2025 Date of order:15.09.2025
THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.24796 OF 2025
ORDER:
1. Heard the submissions of the learned counsel for the petitioner, the learned Assistant Government Pleader for Municipal Administration and Urban Development, the learned Assistant Government Pleader for Finance and Planning and the learned Standing Counsel for Municipal Corporation. 2.
The learned counsel appearing for the petitioner submits that the writ petition is filed by the contractor, who executed the works, viz., A) (i) Repairs to Skid Steer Loader Heman-175 Vehicle No: AP07DK3952, ii) Repairs to HMT Tractor and Truck Vehicle No: AP07 77770, iii) Repairs to Mangalagiri Big Compactor Vehicle No: AP07TH5812, and iv) Repairs to Mangalagiri HMT Tractor and Trailer Vehicle No:AP07DK2752 Public Health Section in Mangalagiri under Municipal General Funds, vide Agreement No. 74/2023-24, Dt: 07.02.2024; B) Mangalagiri Tadepalli Municipal Corporation - i) Repairs to Kunchanapalli Tractor and Trailer Vehicle No: AP39W5921, ii) Repairs to Nidanarru Tractor and Trailer Vehicle No: AP39W5724, iii) Repairs to Mangalagiri HMT Tractors Vehicle No: AP07 7R2910, iv) Repairs to Kunchanapalli Tractor and Trailer Vehicle -3- W.P. No.24796 OF 2025 Date of order:15.09.2025 No:AP07TK7745, and v) Repairs to Mangalagiri Small Compactor Vehicle No: AP 07 TH 7493 Public Health Section in Mangalagiri under Municipal General Funds vide Agreement No. 76/2023-24, Dt: 07.02.2024; C) Repairs to Tadepalli New Tractor and Trailer Vehicle No:AP39UR4401, ii) Repairs to Tadepalli New Tractor and Trailer Vehicle No:AP39UR4775, and iii) Repairs to Tadepalli Small Compactor Vehicle No:AP39V6857Public Health Section in Mangalagiri under Municipal General Funds vide Agreement No. 80/2023-24, Dt: 07.02.2024; D) i) Repairs to Tadepalli New Tractor and Trailer Vehicle No:AP39UR4029, ii) Repairs to Mangalagiri New Tractor and Trailer Vehicle No:AP39UR4030, iii) Repairs to Tadepalli Water Tanker Vehicle No:AP39UF7882, and iv) Repairs to Atmakur Tractor and Trailer Vehicle No: AP39WS710Public Health Section in Mangalagiri under Municipal General Funds vide Agreement No. 82/2023-24, Dt: 07.02.2024; E) i) Repairs to Mangalagiri New Tractor and Trailer Vehicle No: AP39UR 3925, ii) Repairs to Mangalagiri Bull Vehicle No:AP07CD3846, and iii) Repairs to Undavalli Tractor and Trailer Vehicle No: AP39U 1496 Public Health Section in Mangalagiri under Municipal General Funds vide Agreement No. 81/2023-24, Dt: 07.02.2024; -4- W.P. No.24796 OF 2025 Date of order:15.09.2025 F) i) Repairs to Tadepalli Big Compactor Vehicle No: AP07TH5851,ii) Repairs to Prathuru Tractor and Trailer Vehicle No:AP07DE6946, iii) Repairs to Tadepalli HMT Tractor Vehicle No:AP07TB3832, iv) Repairs to Skid Steer Loader Heman-175 Vehicle No: AP07DK3951, v) Repairs to Vadasaram Tractor and Trailer Vehicle No:AP39X5292, vi) Repairs to Mangalagiri Bull Vehicle No: AP07CG3846, vii) Repairs to Yerrabalem Tractor and Trailer Vehicle No: AP39U1512, and viii) Repairs to KazaTractor and Trailer Vehicle No:AP39U2590Public Health Section in Mangalagiri under Municipal General Funds vide Agreement No. 75/2023-24, Dt: 07.02.2024; G) i)
Repairs to Mangalagiri New Tractor and Trailer Vehicle No: AP39UR 4028, ii) Repairs to Tadepalli Eicher 380 Vehicle No: AP39TT7573, and iii) Repairs to Skid Steer Loader Heman-175 Vehicle No: AP07DK3954Public Health Section in Mangalagiri under Municipal General Funds vide Agreement No. 662/2023-24, Dt: 16.03.2024; H) i) Repairs to Tadepalli Tractor and Trailer Vehicle No: AP07TB3830, ii) Repairs to Skid Steer Loader Heman-175 Vehicle No: AP07DK3953, and iii) Repairs to Big Compactor Mangalagiri Vehicle No: AP07TH5812 Public Health Section in Mangalagiri under Municipal General Funds vide Agreement No. 79/2023-24, Dt: 07.02.2024; -5- W.P. No.24796 OF 2025 Date of order:15.09.2025 I) i) Repairs to Kaza Tractor and Trailer Vehicle No: AP39U2182, ii) Repairs to Mangalagiri Mini Compactor Vehicle No: AP07TH7493, iii) Repairs to Nutakki Tractor and Trailer Vehicle No: AP39W5708,iv) Repairs to Atmakur Tractor and Trailer Vehicle No: AP39U5710, v) Repairs to Big Compactor Mangalagiri Vehicle No: AP07TH5812, and vi) Repairs to Chinnakakani Tractor and Trailer Vehicle No: AP39U2575Public Health Section in Mangalagiri under Municipal General Funds vide Agreement No. 659/2023-24, Dt: 16.03.2024; J) i) repairs to Mangalagiri New Tractor and Trailer Vehicle No: AP39UR4036, ii) Repairs to Mangalagiri New Tractor and Trailer Vehicle No: AP39UR4025, iii) Repairs to Mangalagiri New Tractor and Trailer Vehicle No: AP39UR4402, iv) Repairs to Tadepalli New Small Compactor Vehicle No: AP39V5811, and v) Repairs to Tadepalli New Tractor and Trailer Vehicle No: AP39UR4032Public Health Section in Mangalagiri Municipal General Funds vide Agreement No. 660/2023-24, Dt: 16.03.2024; K) i) Repairs to Tadepalli New Tractor and Trailer Vehicle No: AP39UR4024, ii) Repairs to Peddavadlapudi Tractor and Trailer Vehicle No: AP39U2452, iii) Repairs to Tadepalli Water Tanker Vehicle No: AP39UF7881, iv) Repairs to Mangalagiri Water Tanker Vehicle No: AP39UF7883, and v) Repairs to Tadepalli Eicher 380 Vehicle No:AP39TT7572 Public Health -6- W.P. No.24796 OF 2025 Date of order:15.09.2025 Section in Mangalagiri under Municipal General Funds vide Agreement No. 661/2023-24, Dt: 16.03.2024; L) i) Repairs to Tadepalli New Tractor
and Trailer Vehicle No: AP39UR4036, ii) Repairs to Tadepalli New Big Compactor Vehicle No: AP39U07856, and iii) Repairs to Tadepalli Big Compactor Vehicle No: AP07TH5851 Public Health Section in Mangalagiri under Municipal General Funds vide Agreement No. 78/2023-24, Dt: 07.02.2024; M) i) Repairs to Nutakki Tractor and Trailer Vehicle No: AP39W5708, ii) Repairs to Undavalli Tractor and Trailer Vehicle No:AP39U1496, iii) Repairs to Undavalli Tractor and Trailer Vehicle No:AP07TE9345, iv) Repairs to Atmakur Tractor and Trailer Vehicle No: AP39U5710, v) Repairs to Tadepalli Small Compactor Vehicle No: AP07HT7652, and vi) Repairs to Tadepalli Heman-175 Vehicle No: AP07DK3953 Public Health Section in Mangalagiri under Municipal General Funds vide Agreement No. 77/2023-24, Dt: 07.02.2024; within the limits of the Mangalagiri- Tadepalli Municipal Corporation. 3. The petitioner has completed the works to the satisfaction of the Mangalagiri-Tadepalli Municipal Corporation, and the final bills aggregating for Rs.53,43,391/- was also approved by the competent authority. However, the bills were not released. The petitioner executed the works during the year 2023-24. It is
-7- W.P. No.24796 OF 2025 Date of order:15.09.2025
submitted that the competent authority has approved the bills.However, no payment has been 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. 4. The 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 2023-2024 and the reports were awaited. 5.
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 work completed by the petitioner is arrived at, the respondents shall have the right to proceed against the petitioner in
-8- W.P. No.24796 OF 2025 Date of order:15.09.2025
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. 6. Considering the submissions, respondent Nos.2, 3 and 5 are hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of eight (08) weeks from the date of receipt of a copy of this
order.
7. Accordingly, the Writ Petition is disposed of. No costs.
8. Pending miscellaneous petitions, if any, shall stand closed.
___________________ JUSTICE HARINATH.N BV