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2025 DAILYLAW 46684 (AP)

SR BROTHERS v. THE STATE OF ANDHRA PRADESH

WP/24840/2025 · 2025-09-14

Harinath N

Transfer Petitionbody2025

Judgment text

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APHC010481752025 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: 24840/2025 Between: Sr Brothers ...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.24840 OF 2025 Date of order:15.09.2025 THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.24840 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 within the limits of the Mangalagiri-Tadepalli Municipal Corporation, viz., (i) Providing iron ladder, replacement of delivery pipe at ELSR, supply and delivery of submersible motor, panel board, and providing HDPE pipeline to connect delivery line running room area at Muggu Road ELSR, Tadepalli Urban, 14th ward, vide agreement No. 708/2022-23, dated 02.02.2023 and (ii) the MTMC - Construction of motor platforms besides Guntur Channelat Krishna Nagar WTP and providing additional motor connection for Prakash Nagar supply, electrification repairs, and replacement of foot valves for motors at Krishna Nagar WTP in Nulakpeta, Tadepalli Urban of Manglagiri-Tadepalli, vide agreement No. 709/2022-23, dated 02.02.2023. The petitioner has completed the -3- W.P. No.24840 OF 2025 Date of order:15.09.2025 works to the satisfaction of the Mangalagiri-Tadepalli Municipal Corporation, and the final bills for Rs.17,24,517/- was also approved by the competent authority. However, the bills were not released. The petitioner executed the works during the year 2022- 23. It is 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. 3. 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 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. 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 -4- W.P. No.24840 OF 2025 Date of order:15.09.2025 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 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. 5. Considering the submissions, respondent Nos.2, 3 and 6 are hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of six (06) weeks from the date of receipt of a copy of this order. 6. Accordingly, the Writ Petition is disposed of. No costs. 7. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N BV