APHC010250672024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 12616/2024 Between: 1. A R INFRA DEVELOPERS, 7-158B, MANGALAGIRI MIDDLE CENTER, MANGALAGIRI, GUNTUR DISTRICT. REPRESENTED BY ITS SOLE PROPRIETOR, BHIMAVARAPU KRISHNA PRIYA, W/O KOTI REDDY, AGED ABOUT 35 YEARS. R/O 7-70, KAZA VILLAGE, GUNTUR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, A.P SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 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 WORKS AND ACCOUNTS, 3RD FLOOR, C BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT. REP. BY ITS DIRECTOR OF WORKS AND ACCOUNTS. 6. 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): 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 a writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not paying the admitted due amounts of Rs 7,97,398/-, 7,45,571/-, 7,95,731/- and 7,64,833/- respectively totaling Rs 31,03,533/- (Thirty one lakhs three thousand five hundred and thirty three) payable to petitioner in relation to 4 works executed by it for the 8th respondent herein under agreement Bearing Nos. 439/2023-24 (dated 11-01- 2024) , 440/2023-24 (dated 11-01-2024), 441/2023-24 (dated 11- 01-2024) and 442//2023-24 (dated 11-01-2024), respeetively despite finalizing the bills, as illegal, arbitrary, unconstitutional and consequently direct the respondents herein to immediately pay the due amounts of Rs 7,97,398/-, 7,45,571/-, 7,95,731/- and 7,64,833/- respectively totaling Rs 31,03,533/- (Thirty one lakhs payable to three thousand five hundred and thirty three) petitioner in relation the above 4 works executed for 8threspondent under the said agreements with an interest @ 12 percentage per annum and pass IA 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 may be pleased pleased to direct the respondents herein to release the due amounts of Rs 7,97,398/-, 7,45,571/-, 7,95,731/- and 7,64,833/- respectively totaling Rs 31,03,533/- (Thirty one lakhs three thousand five hundred and thirty three) payable to petitioner in relation to 4 works executed by it for the 8th respondent herein under agreement Bearing No’s. 439/2023-24 (dated 11-01- 2024), 440/2023-24 (dated 11-01- 2024), 441/2023-24 (dated 11-01-2024) 3 and 442//2023-24 (dated 11-01-2024) respectively within a stipulated time frame and pass Counsel for the Petitioner: 1. SASANKA BHUVANAGIRI 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: 4 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 4. The learned Standing Counsel appearing for respondent No.8 has filed a counter affidavit has also admitted the completion of work and finalization of bills. 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 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. 6. Accordingly, the Writ Petition is disposed off. There shall be no order as to costs. 6 As a sequel, miscellaneous applications pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N Date: 23.09.2025 SR