APHC010258522024 IN THE HIGH COURT OF ANDHRA PFJADESH AT AMARAVATI (Special Original Jurisdiction) 0K FRIDAY, THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARIMATH.N WRIT PETITION NO: 12821 OF 2024 Between: M/s. Abitej Enterprises, Firm No. 1120 of 2004, Place Laxmapuram village, Pagidyala Mandal, Kurnool Managing partner, Kanduri Madanalingeswara Reddy, /»ged about 49 S/o K. Ambi Reddy, 3-125/280, Vivekananda Nagar Hanuman Temple, Ghatkesar mandal, Boduppal, Telangana State. of Business; 2-17, Rep. by its years, Near Maruthi Nagar Rangareddy District, disririct. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, A.P Secretariat buildings. Municipal Administration Department Velagapudi, Guntur District. 2. The State of Andhra Pradesh, Represented by its Principal Secretary Department of Finance and Planning A.P Secretariat Velagapudi, Guntur District. buildings 3. The Andhra Pradesh Comprehensive Financial Management System CFMS, 6th floor, C block, Anjaneya Towers, Ibrahimpatnam District, Rep. By its Chairman 4. The Commissioner and Director of Municipal Ad ministration, Andhra Pradesh at Tadepalli, Guntur District. Krishna 5. The Directorate of Works and Accounts, 3'^'^ floor, C block, Anjaneya Towers, Ibrahimpatnam, Krishna District. Rep. by ris Director of Works and Accounts. Pay and Accounts Officer, Works and Accounts, Guni 7. The District Treasury Officer, Guntur district. 8, The Mangalagiri Tadepalli Municipal Corpora Commissioner, Mangalagiri, Guntur district. :ur. iion. Rep. By its ...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 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. 4,12,561/-, Rs 2,64,176/-, R:s 2,60,810/-, Rs 4,12,382/-, Rs 4,31,571/- and Rs 4,52,958/-, Rs 32,61,151/- respectively totaling Rs.54,96,609/- (Fifty Four lakhs ninety six thousand six hundred and nine) payable to petitioner in relation to 07 works executed for 8th respondent by the petitioner, under agreements Bearing Nos 83/2023-24, 84/2023-24, 85/2023-24, 86/2023-24, 87/2023-24, 88/2023-24 (all are dated 07-02-2024) and 332/2023-24 (dated 16-09-2023) respectively despite finalizing the bills, as illegal, arbitrary, unconstitutional and consequently direct the respondents herein to immediately pay the due amounts Rs. 4,12,561/-, Rs 2,64,176/-, Rs 4,52,958/-, Rs 2,60,810/-, Rs 4,12,382/-, Rs'4,31,571/- and Rs 32,61,151/- respectively totaling 54,96,609/- (Fifty Four lakhs ninety six thousand six hundred and nine) in relation to 07 works executed for 8th respondent under the said agreements with an interest @ 12% per annum 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 may be pleased to direct the respondents herein to release the due amounts of Rs. 4,12,561/-, 4,31,571/- and Rs 2,64,176/- 4,52,958/-, Rs 2,60,810/-, Rs 4,12,382/-, Rs 96,609/- (Fifty Four lakhs ninety six in relation to 07 works agreenients Bearing 87/2023-24, 151/- respectively totaling 54 hundred and nine) payable to petitioner , under Rs 32,61 thousand six respondent by the petitioner executed for 8 85/2023-24, 86/2023-24 332/2023-24 (dated 16-09- 2023) 83/2023-24, 84/2023-24, dated 07-02-2024) and No»s 88/2023-24 (aU are respectively NA/ith in a stipulated time frame SASANKA BHUVANAGIRI Counsel for the Petitioner; SRI Counsel for the Respondent No.8; A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) Counsel for the Respondents no.1,4; GP muncipal admn and urban dev AP Counsel for the planning Court made the following order: ; GP FOR FINANCE AND Respondents No.2, 3, 5, 6, 7 The I APHC010258522024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction! [3457] FRIDAY.THE TWENTY FIFTH DAY OF JLY TWO THOUSAND AND TWENTY FIVi: PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 12821/2024 Between; 1.ABITEJ ENTERPRISES, FIRM NO. 1120 OF 2004 PLACE OF BUSINESS- 2-17, LAXMAPURAM VILLAGE, PAGIDYALA MANDAL, KURNOOL DISTRICT. REP. BY ITS MANAGING PARTNER, KANDURI MADANALINGESWARA REDDY AGED ABOUT 49 YEARS, S/0 K. AMBI REDDY, 3-125/280, ViVEKANANDA NAGAR, NEAR MARUTHI NAGAR HANUMAN TEMPLE, GHATKESAR MANDAL, BODUPPAL, RANGAREDDY DISTRICT, TELANGANA STATE. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS MUNICIPAL ADMINISTRATION PRINCIPAL SECRETARY, DEPARTMENT, A.P SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS DEPARTMENT OF FINANCE AND VELAGAPUDI, PRINCIPAL SECRETARY, PLANNING GUNTUR DISTRICT. A.P SECRETARIAT BUILDINGS, 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 YTDEPALLI, GUNTUR 2 DISTRICT. WORKS AND ACCOUNTS, FLOOR, C IBRAHIMPATNAM, KRISHNA DIRECTOR OF WORKS AND ACCOUNTS. WORKS AND ACCOUNTS, 5.THE DIRECTORATE OF ANJANEYA TOWERS BLOCK, DISTRICT. REP. BY ITS and accounts officer 6. PAY GUNTUR. TREASURY OFFICER, GUNTUR D!S')TRICT. TADEPALLI MUNICIPAL CORPORATION, REP. MANGALAGIRI, GUNTUR DISTRICT. ..,RESPONDENT(S); 7.THE DISTRICT 8.THE MANGALAGIRI BY ITS COMMISSIONER Counsel for the Petitioner; 1.SASANKABHUVANAGIRI 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: Order:- Heard learned counsel for the petitioner, learned Pleader for Municipal Administration Assistant Government Pleader for Standing Counsel for Municipal Corporation. Assistant Government and Urban De\/elopment, learned Finance and Planning and learned 2. Learned counsel petition is filed by the contractor, who of the Mangalagiri-Tadepalli Municipal appearing for the petitioner submits that the writ executed various works within the limits Corporation. The petitioner has completed the worte to the satisfaction of the Mangalagiri-Tadep alli Municipal Corporation and the final bills However, the bills were also approved by the competent authority, were not released. The petitioner executed the works executed some works n the year 2024. It is approved the bills; however, there payment forthcoming from the Corporation. Aggrieved by the non-payment of the bills by the Corporation, the this Court by way of the above writ petition. during the year 2022-23, and also submitted that the competent authority has has been no petitioner has approached 3. Learned Standing Counsel 09.08.2024, the Vigilance Enquiry appearing for Corporation submits that was initiated against the works executed by the petitioner and the Vigilance Enquiry is being conducted on on the works is also submitted in the counter that the works executed by the were awaited. which are entrusted to the petitioner. It Vigilance Department is taking up verification of the petitioner for the year 2019-2024 and the reports 4 of learned counsel for the petitioner and Considering the submissions Counsel for the respondents, this Cou.l is of the considered 4. learned Standing view that the bills due payable to the petitioner for the works executed by him time frame for be paid without any further delay. There iS no would have to That apart the learried Standing Counsel completion of the vigilance enquiry. the methodology adopted by the vigilance committee to has not submitted on In so far as the Vigilance event an adverse report against the works erify the works completed about five years ago Enquiry is concerned, in the completed by the petitioner is V is arrived at, the respondents shall have the right Further, the in accordance witti law. security bond for the amount released and in case it to proceed against the petitioner petitioner shall submit a is found that they are due payable, the department can take appropriate action of the amount. It is needless to mention that the said exercise the date of receipt for recovery period of eight (08) weeks from shall be completed within a of a copy of this order. shall be no order as Accordingly, the Writ Petition is disposed off. There 5. to costs. ', shall stand Sd/- N NAGAMINAA msTANT RE®1?TRAR sequel, miscellaneous applications pending, if any As a closed Asr> //true copy// SECTION OFFICER Municipal Velagapudi, Pradesh buildings. To, of Andhra Secretariat State Secretary, Department Principal 1. The A.P Administration of Department Velagapudi, Guntur District. Principal Secretary, and Planning Pradesh buildirigs. of Andhra State Secretariat Guntur 2. The A.P Finance District. 3. The Chairma System CFMS, 6th floor Krishna District 4. The Commissioner n, Andhra Pradesh Comprehensive C block, Anjaneya Towers, Financial Management Ibrahimpatnam Director of Municipal Administration radesh at Tadepalli, Guntur District 5. The Director of Andhra Works and Accounts, Anjaneya Towers, Ibrahi Directorate of Works and irripatnam, Krishna Accounts, floor, C block District. 6. Pay and Accounts Officer 7. The District Tre 8. The Commissioner Works and Accounts, Guntur, asury Officer, Guntur district. Mangalagiri Tadepalli Municipal corporation. Mangalagiri, Guntur district. 9. One CC to SRI SASANKA r lO.One CC to SRI A S C BOSE AP) Advocate [OPUC] 11. Two CCs to GP MUNCIPAL Andhra Pradesh [OUT] 12. Two CCs to GP FOR FINANCE Pradesh [OUT] 13. Two CD Copies BFIUVANAGIRI Advocate;- [OPUC] (SC FOR MUNICIPAL. CORPORATIONS ADMN and urban dev, High Court of AND PLANNING High Court of Andh ra gsg high court DATED; 25/07/2025 ORDER WP NO. 12821 OF 2024 disposing the WP WITHOUT COSTS