APHC010482332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 24500 OF 2025 Between: M/s Kotaiah Agencies,, Fit No 105 Block 5. Panchavati Apartments, Ammavari Temple, Ponnuru Road, Guntur, Guntur District-522003. Rep by its sole proprietor, Malapati Guru Krishna Vara Prasad, S/o Venkaiah, Aged about 44 years, R/o Fit No 105 Block 5. Panchavati Apartments, Ammavari Termple, Ponnuru Road, Guntur, Guntur District-522003. ...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, A.P Secretariat buildings. Department of Finance and Planning Velagapudi, Guntur District. 3. The Andhra Pradesh Comprehensive Financial Management System CFMS, Near NRI hospital, Autonagar, Mangalagiri, Andhra Pradesh. Rep. By its Chief Executive Officer. 4. The Commissioner and Director of Municipal Administration, Andhra Pradesh at Tadepalli, Guntur District. 5. The Directorate of Treasuries and Accounts, Rep. by its Director of Works and Accounts. 6. Pay and Accounts Officer, Treasuries and Accounts, Guntur. 7. The District Treasury Officer, Guntur district. 8. The Mangalagiri Tadepalli Municipal corporation. Rep. By its Commissioner, Mangalagiri, Guntur district. ...Respondents Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may a writ or direction more particularly one in the nature of be pleased to issue Writ of Mandamus declaring the action of the respondents in not paying the admitted due amount of Rs 29,84,200/- (Twenty Nine Lakhs Eighty Four thousand Two Hundred) payable to petitioner for 8 works executed for 8th respondent by it, under agreements Bearing No s 231/2022-23 (Dated 05-08- 2022), 03/2023-24 (dated 20-11-2023), 19/2023- 24 (dated 13-12-2023), 104/2023-24 (dated 26-02-2024), 105/2023-24 (dated 26-02- 2024), 108/2023-24 (dated 26-02-2024) and 698/2023-24 (dated 16-03-2024)respectively despite finalizing the same as illegal, arbitrary, unconstitutional and consequently direct the respondents herein to immediately pay the total due amount of Rs 29,84,200/- (Twenty Nine Lakhs Eighty Four thousand Two Hundred) payable to petitioner for the said 8 works under their respective agreements with an interest @ 12 percent per annum. 102/2023-24 (dated 26-02-2024), lA NO: 1 OF 2025 is filed 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 29,84,200/- (Twenty Nine Lakhs Eighty Four thousand Hundred) payable to petitioner for 8 works due amount of Rs Two executed for 8* respondent by (Dated 05-08-2022), Petition under Section 151 CPC it, under agreements Bearing No’s 231/2022-23 24 (dated 13-12-2023), 102/2023-24 (dated 26-02-2024), 104/2023-24 (dated 26-02-2024), 105/2023-24 (dated 26-02-2024), 108/2023-24 (dated 26-02- 2024) and 698/2023-24 (dated 16-03-2024) respectively within a stipulated time frame. Counsel for the Petitioner: SRI SASANKA BHUVANAGIRI Counsel for the Respondent Nos.1 & 4: GP FOR MUNCIPAL ADMN URBAN DEV Counsel for the Respondent Nos.2,3,5,6,7:GP FOR FINANCE PLANNING Counsel for the Respondent No.8: SRI A S C BOSE The Court made the following order: APHC010482332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY,THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 24500/2025 Between: ...PETITIONER M/s Kotaiah Agencies, AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner: 1.SASANKA BHUVANAGIRI Counsel for the Respondent(S): 1 .GP FOR MUNCIPAL ADMN URBAN DEV 2.GP FOR FINANCE PLANNING The Court made the following: -2- W.P. No.24500 OF 2025 Date of orcler:12.09.2025 THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.24500 OF 2025 ORDER 1. This writ petition is filed aggrieved by the action of the respondents for non-payment of the contingent bills for the works undertaken by the petitioner. 2. Heard the submissions of the learned counsel for the petitioner, the learned Government Pleader for Municipal Administration and Urban Development; the learned Assistant Government Pleader for Finance and Planning, and the learned Standing Counsel for the respondent-corporation. 3. The learned counsel for the petitioner submits that the petitioner has executed the works viz., (i) MTMC Providing Balance CC Patches to Pot Holes of Existing Road at Various Places In Division No.1 at Mangalagiri In MTMC Under Municipal General Funds, vide agreement No.231/2022-23, dt.05.08.2022 (ii) MTMC- Repairs and rectification of Split A.C in Mangalagiri Municipal Office, vide agreement No.03/2023-24, dt.20.11.2023 (iii) Supply and Delivery of Office Chairs to Tadepalli Office in Tadepalli Urban Mangalagiri of Tadepalli Municipal Corporation vide agreement No. 19/2023-24, dt. 13.12.2023 (iv) MTMC Providing painting, repairs to doors replacement and of windows to Council Hall (Mangalagiri main office) in Mangalagiri-Tadepalli Municipal -3- W.P. No.24500 OF 2025 Date of order:12.09.2025 vide agreement No. 102/2023-24, dt.26.02.2024 (v) MTMC-Providing MS Fabricated Store Room Cabin of size (12' X 8') Cupboard Doors and Biomedical waste Storage room for (UPHC MARKENDEYA COLONY) Mangalagiri-Tadepalli Municipal Corporation under Municipal General Fund, vide agreement No. 104/2023-24, dt.26.02.2024 (vi) MTMC- Providing MS Fabricated Store Room Cabin of size (12’ X 10) Ceiling fans, Cupboard Doors, Biomedical waste Storage room for (UPHC -KAZA) in Mangalagiri- Tadepalli Municipal Corporation under Municipal General Fund, vide agreement Corporation Office in No. 105/2023-24, dt.26.02.2024 (vii) MTMC- Supply, Delivery & Fixing of Split A.C and wiring, painting, Repairs to Doors Windows to "Command Control Room" in MTMC under General Fund, vide agreement No. 108/2023-24, and dt.26.02.2024 (viii) MTMC- Removal of Wet Silt to existing Constructed Drains in 21®* ward in Division No:2 in Mangalagiri Town, vide agreement No.698/2023-24, dt.16.03.2024. entrusted by the 8 as respondent-corporation. 4. The learned counsel further submits that the petitioner duly executed all the works to the satisfaction of the Mangalagiri- Tadepalli Municipal Corporation and thereafter submitted final bills aggregating to a sum of Rs.29,84,200/-. It is submitted that the -4- W.P. No.24500 OF 2025 Date of orcler:12.09.2025 bills were also uploaded in the CFMS portal. However, no payment has been forth coming. 5. The learned Standing Counsel appearing for Corporation, on written instructions, 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. 6. It is further submitted that the Commissioners of Municipal Corporation can award works on nomination basis costing up to Rs.1,00,000/- and that works on nomination basis can be entrusted up to Rs.5,00,000/- with the approval of the Council in case of Municipalities and with the approval of the Standing Committee in case of Corporations. It is also submitted that the works entrusted to the petitioner exceeded the cap of Rs.1,00,000/-. The petitioner executed the as many as 08 works entrusted by the Corporation and raised bills of more than Rs.10,00,000/-. 7. As seen from the pleadings and the material available on record the final quality certificates were issued in confirmation of due completion of the work entrusted, the bills were also approved for -5- 4 W.P. No.24500 OF 2025 Date of order;12.09.2025 an amount of Rs.29,84,200/- and the same were uploaded in CFMS portal. However, in spite of the completion of all procedural formalities, the payment towards the completed works has not been released till date. 8. Considering the submissions of the petitioner and the learned standing counsel for the corporation, withholding all the bills for the works completed by the petitioner cannot be upheld under law, especially when the petitioner cannot be expected to know the details of the circulars/ GOs that imposed a cap on the value of the work to be issued on a nomination basis. When the corporation deemed it appropriate to award the works to the petitioner and^ had them executed and even if there are some irregularities in entrusting the works, it is for the respondent authorities to take action against the officers concerned and the petitioners cannot be penalized for such acts of the officers and 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 methodology adopted by the vigilance committee to verify the works. 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 on the W.P. No.24500 OF 2025 Date of order;12.09.2025 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. 9. Considering the submissions, respondent Nos.2, 3, 5 to 8 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. 10. Accordingly, the Writ Petition is disposed of. No costs. 11. Pending miscellaneous petitions, if any, shall(S|^and closed Sd/- B CHITTI JOSEPH DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, • The Principal Secretary, Municipal Administration Secretariat buildings, Velagapudi, Guntur District. 2. The Principal Secretary, Department of Finance buildings, Velagapudi, Guntur District, o. I he Chief Executive Officer, Financial Management System CFMS. Autonagar, Mangalagiri, Andhra Pradesh. ■ PmdP.rp7fH Municipal Administration Pradesh at Tadepalli, Guntur District. 5. The Directorate of Treasuries Works and Accounts. 7 ThP Accounts Officer, Treasuries and Accounts, Guntur . The [^strict Treasury Officer, Guntur district “sngalagir, Tadepalli Municipal Mangalagiri, Guntur district. SASANKA BHUVANAGIRI 10. Two CCs to GP FOR MUNCIPAL of Andhra Pradesh [OUT] 11. Two CCs to GP FOR FINANCE Pradesh [OUT]. 12. One CC to Sri A S C Bose 13. Two CD Copies. Department, A.P and Planning A.P Andhm Pradesh Comprehensive Near NRI hospital. Andhra and Accounts, Rep. by its Director of corporation. Advocate [OPUC] ADMN URBAN DEV High Court PLANNING High Court of Andhra Advocate [OPUC]. AL HIGH COURT TL DATED:12/09/2025 ORDER WP NO. 24500 OF 2025 gf 211001 2025 o» rr«ntSectiottXi5 DISPOSING OF THE W.P. WITHOUT COSTS