c s ' APHC010479052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 24295 OF 2025 Between: Malapati Raga Tejaswi, W/o Guru Krishna Vara Prasad, Aged about 37 years, R/o Fit No 105 Block 5, Panchavati Apartments, Near Ammavari Temple, Ponnuru Road, Guntur, Guntur District-522003. ...Petitioner AND 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Municipal Administration Department Velagapudi, Guntur District. 2. The State of Andhra Pradesh, Represented by its Principal Secretary, 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. A.P Secretariat buildings. A.P Secretariat buildings I 4^ 6. Pay and Accounts Officer, Treasuries and Accounts, Guntur. 7. The District Treasury Officer, Guntur district. 8. The Mangatagiri Tadepalli Municipal corporation. Rep. By its Commissioner, Mangalagiri, Guntur district. ,4 ...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 a paying the admitted due amounts of Rs 1,97,835/-, Rs 1,62,380/-, Rs 1,85,024/- , Rs 1,92,474/, Rs 1,82,357/- and Rs 1,76,009/-, respectively totaling Rs 10,96,079/- (Ten Lakhs Ninety Six Thousand and Seventy Nine) pertaining to Bill for contingent charges bearing Nos.3612 (Dt 23- 05-2024), 3613 (Dt 23- 05-2024), 4526 (Dt 19-12-2024), 4527 (Dt 19-12-2024), 4528 (Dt 19-12-2024) and 4540 (Dt 19-12-2024) respectively payable to petitioner for 6 works executed/material supplied to the 8*'^ respondent which is filed as Annexure-I, despite finalizing the same as illegal, arbitrary, unconstitutional and consequently direct the respondents herein to immediately pay the total due amount of Rs 10,96,079/- (Ten Lakhs Ninety Six Thousand and Seventy Nine) pertaining to the said Bills for contingent charges payable to petitioner with an interest @ 12 % per annum. lA NO: 1 OF 2025 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 1,97,835/-, amounts of Rs Rs 1,62,380/-, Rs 1,85,024/-, Rsl,92,474/, 1,82,357/- and Rs 1,76,009/, respectively totaling Rs 10,96,079/- (Ten Lakhs Ninety Six Thousand and Seventy Nine) pertaining Bill for contingent charges bearing No’s: 3612 (Dt;23-05-2024), 3613 (Dt: 23-05-2024), 4526 (Dt: 19-12-2024), 4527 (Dt: 19- 19-12-2024) and4540 (Dt; 19-12-2024) respectively payable to petitioner for 6 works executed/material s supplied to respondent which is filed as Annexure-1, within a stipulated time 12- 2024), 4528 (Dt; Rs to th the 8 frame. Counsel for the Petitioner: SRI SASANKA BHUVANAGIRI Counsel for the Respondent Nos.1 & 4; GP FOR MUNCIPAL ADMN AND URBAN DEV Counsel for the Respondent Nos.2,3 & 5 to 7; GP FOR FINANCE PLANNING Counsel for the Respondent No.8: SRI A.S.C.BOSE, SC FOR MUNICIPAL CORPORATION The Court made the following order: APHC010479052025 ,N THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 24295/2025 Between: ...PETITIONER Malapati Raga Tejaswi 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. N0.242950F 2025 Date of order:11.09.2025 fc^ THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.24295 OF 2025 ORDER 1. This writ petition is filed aggrieved by the action of the respondents for 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) Arrangement of Tent House materials, Sound System, Mic and Food for JaganannaArogya Suraksha-2.0 Programme on 17.01.2024 at UPHC Ramachandrapuram in Nutakki-2 Sachivalayam, UPHC Indira Nagar in Weavers Colony Sachivalayam, Kunchanapalli non- in UPHC Vaddeswaram SachivalayamMangalagiriTadepalli Municipal Corporation, Arrangement of Tent House materials, Sound System, Mic and Food for JaganannaArogya Suraksha-2.0 Programme on 21.02.2024 at UPHC Markandeya Colony in IslampetaSachivalayam, PHC Tadepalli Undavalli-2 Sachivalayam of MangalagiriTadepalli Municipal Corporation, (iii)Engaging of Back Hoe Loader for removal of wet silt and (ii) in -3- W.P. N0.242950F 2025 Date of order:11.09.2025 and lifting, transporting of silt with hired tractors in Vaddeswaram and Kolanukonda villages of kaccha drains in MTMC under Municipal General Funds, (iv) Levelling of ground with Gravel & GSB at Mahanadu Settlement School (Polling Station) under Municipal General Funds, (v)Levelling of ground with Gravel & GSB at Undavalli UP School (Polling Station) (P.S. No; 9 to 16) under Municipal Funds, and (vi) Levelling of ground with Gravel & GSB at Mahanadu Urdu School (Polling Station) under Municipal General Funds, as entrusted by the 8*'^ 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. 10,96,079/-. 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 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 -4- W.P. NO.242950F 2025 Date of ordGr:11.09.2025 Rs.1,00,000/- and that works on nomination basis can be entrusted up Rs.5,00,000/- with the approval of the Council in 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 06 works entrusted by the Corporation and case of to executed the as many as raised bills of more than Rs.10,00,000/-. from the pleadings, the bills were also approved for an amount of Rs.10,96,079/-and the same were uploaded in CFMS 7. As seen portal. 8. Considering the submissions of the petitioner and the learned standing counsel for the corporation, withholding all the bills forthe completed by the petitioner cannot be upheld under law, especially when the petitioner cannot be expected to know the details the value of the work to works of the circulars/ GOs that imposed a cap on nomination basis. When the corporation deemed it be issued on a award the works to the petitioner and had them appropriate to executed and even if there are some irregularities in entrusting the works, it is for the respondent authorities to take action against the concerned and the petitioners cannot be penalized for such of the officers and that the bills due payable to the petitioner for works executed by him would have to be paid without any further delay. There is no time frame for completion of the vigilance enquiry. officers acts the -5- W.P. N0.242950F 2025 Date of order:11.09.2025 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 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 Sd/-B PRASADA RAO DEPUTY REGISTRAR SECTION OFFICER The Principal Secretary, State of Andhra Pradesh, Municipal Administration Department, A.P Secretariat buildings, Velagapudi, Guntur District. The Principal Secretary, State of Andhra Pradesh, Dept, of Finance and Planning, A.P Secretariat buildings, Velagapudi, Guntur District. The Chief Executive Officer, Andhra Pradesh Comprehensive Financial Management System CFMS, Near NRI hospital, Autonagar, Mangalagiri, Andhra Pradesh. The Commissioner and Director of Municipal Administration, Andhra Pradesh at Tadepalti, Guntur District. //TRUE COPY// To, 1. 2. 3. 4. 5. The Director of Works and Accounts, Directorate of Treasuries and Accounts, Guntur. 6. Pay and Accounts Officer, Treasuries and Accounts, Guntur. 7. The District Treasury Officer, Guntur district. 8. The Commissioner, Mangalagiri, Guntur district. 9. One ec to SRI. SASANKA BHUVANAGIRl, Advocate [OPUC] 10. Two CCS to GP FOR MUNCIPAL ADMN & URBAN DEV, High Court of Andhra Pradesh [OUT] 11. Two CCs to Andhra Pradesh [OUT] 12.0ne CC to SRI A.S.C.BOSE, STANDING COUNSEL FOR MUNICIPAL CORPORATION [OPUC] 13. Two CD Copies Mangalagiri Tadepalli Municipal corporation. GP FOR FINANCE AND PLANNING, High Court of sree HIGH COURT DATED:11/09/2025 ORDER WP NO. 24295 OF 2025 2 3 OCT 2025 p ^^vQirrent Sectjoft^^'^ .09 ^5- DISPOSING OF THE W.P. WITHOUT COSTS