APHC010474652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 24105/2025 Between: M/s Kotaiah Agencies, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. SASANKA BHUVANAGIRI Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP 2. GP FOR FINANCE PLANNING The Court made the following: -2- W.P. No.24105 OF 2025 Date of order:10.09.2025 THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.24105 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) Supply and transportation of 10 HP three- phase ISI self-priming monoblock IP44 motor pump set, (ii) Providing minor repairs to the Commissioner’s Chamber in MTMC, (iii) Supply of stationery items for official use in the office of the Commissioner, MTMC, (iv) Arrangement of tent house materials, sound system, and microphones for the House Site Distribution Programme on 01.06.2023 – Pedalandariki Illu of Indira Nagar, LB Nagar, Weavers Colony, Sharaf Bazaar, and Islampeta Secretariats in Nowluru Layout GNT-9 of Mangalagiri-Tadepalli Municipal Corporation, (v) Arrangement of tent house materials, sound system, and microphones for the House Site Distribution Programme under -3- W.P. No.24105 OF 2025 Date of order:10.09.2025 Pedalandariki Illu programme of Kotturu, Salam Center-1, and Salam Center-2 Sachivalayam in Nowluru Layout GNT-6 of Mangalagiri- Tadepalli Municipal Corporation on 07.06.2023, (vi) Arrangement of tent house materials, sound system, and microphones for the House Site Distribution Programme on 09.06.2023 – Pedalandariki Illu of Markandeya Colony, Bapanaiah Nagar, Tipparla Bazaar, Bank Colony, and Bhagat Singh Nagar in Nidamarru Layout GNT-10 of Mangalagiri-Tadepalli Municipal Corporation, (vii) Arrangement of tent house materials, sound system, and microphones for the House Site Patta Distribution Programme under Pedalandariki Illu programme of SLNS Colony, NCC Road, and Tipparla Bazaar in Nidamarru Layout GNT-10 of Mangalagiri-Tadepalli Municipal Corporation on 07.06.2023, (viii) Supply and delivery of medium-back micro linear mesh chairs with headrests for section heads in the municipal office and (ix) Arrangement of tent house materials, sound system, microphones, and food for Jagananna Arogya Suraksha 2.0 programme on 24.01.2024 at UPHC Yerrabalem Penumaka-2 Sachivalayam in Sri Narasimha and UPHC Koopurao Colony Lakshmi Swamy Colony Sachivalayam of Mangalagiri-Tadepalli Municipal Corporation, entrusted by the 8th 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 -4- W.P. No.24105 OF 2025 Date of order:10.09.2025 of Rs. 13,17,667/-. It is submitted that the 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 nine works entrusted by the Corporation and raised bills of more than Rs.10,00,000/-. 7. As seen from the pleadings, the bills were also approved for an amount of Rs.13,17,667/- and the same were uploaded in CFMS portal. 8. Considering the submissions of the petitioner and the learned standing counsel for the corporation, withholding all the bills for the -5- W.P. No.24105 OF 2025 Date of order:10.09.2025 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 on the 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 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 -6- W.P. No.24105 OF 2025 Date of order:10.09.2025 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 stand closed. _______________________ JUSTICE HARINATH.N BV