Extracted from the PDF above. The PDF is authoritative.
APHC010544922025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 28420/2025 Between: Mannam Sivaji, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. PRATHIWADA VARUN KUMAR 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.28420 OF 2025 Date of order:15.10.2025
THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.28420 OF 2025
ORDER:
1. Heard the submissions of the learned counsel for the petitioner, the learned Assistant Government Pleader for Municipal Administration and Urban Development, the learned Assistant Government Pleader for Finance and Planning and the learned Standing Counsel for Municipal Corporation. 2. The learned counsel appearing for the petitioner submits that the writ petition is filed by the contractor, who executed the works, viz., i) Rewinding and Repairs of Submersible motors in NTR Katta Pump house and Monoblock drain motors in 2nd ward Tadepalli Urban of Mangalagiri Tadepalli Municipal Corporation; ii) MTMC -Repairs to RCC Culvert and Improvement of Road Junction at Kablea Road Near D.No:5-588 at Baptistpeta, Mangalagiri Urban in Mangalagiri Tadepalli Municipal Corporation, iii)MTMC Engaging of Tractor with Dozer on Hire basis for Leveling the Debries Opp Alpha Hotel in Gowthamabudda Road in Mangalagiri Tadepalli Municipal Corporation, iv) MTMC Rewinding and Repairs of Submersible and Monoblock motors for Maintenance of Water Supply in Undavalli, Yerrabalem, Nowluru & Nidamarru of Mangalagiri
-3- W.P. No.28420 OF 2025 Date of order:15.10.2025
Tadepalli Municipal Corporation, v) MTMC Formation of the GSB Road at Kondapaneni Town Ship 2nd Line Arch Road Near NH- 16 Service Tadepalli Municipal Mangalagiri Corporation and vi) MTMC Manufacturing, Supply and delivery of 63mm dia HDPE pipe for 7.5HP Submersible motor at chinakakani bore well Near Guntur Channel Under Mangalagiri Tadepalli Municipal Corporation, and vii) MTMC Providing GSB Road from Bapanayya Nagar first line beside Ramalayam Temple of Mangalagiri Tadepalli Municipal Corporation and viii)MTMC - Cleaning the Semi Jungle and Providing Approach road opp Alpha Tadepalli Municipal Corporation, ix) MTMC Providing 600MM RCC NP2 Class pipe Culvert at NH-16 Service Road Opp. Mayuri Tech Park in Mangalagiri Tadepalli Municipal Rewinding and Corporation, x) MTMC Repairs of Submersible and Monoblock Mangalagiri Urban motors in Chinnakakani and Kaza Villages of Mangalagiri Tadepalli Municipal Corporation, xi) MTMC-Rewinding and Repairs of Monoblock motors for Maintenance of Water Supply in Tadepalli Urban & Ippatam of Mangalagiri Tadepalli Municipal Corporation, and xii) MTMC Rewinding and Repairs of Submersible and Monoblock motors for Maintenance of Water Supply in Tadepalli Merged Villages of Mangalagiri Tadepalli Municipal Corporation under respective
-4- W.P. No.28420 OF 2025 Date of order:15.10.2025
agreements. All these works are executed within the limits of the Mangalagiri-Tadepalli Municipal Corporation. 3.
The petitioner has completed the works to the satisfaction of the Mangalagiri-Tadepalli Municipal Corporation, and the final bills aggregating to a sum of Rs.10,24,649/- was also approved by the competent authority. However, the bills were not released. The petitioner executed the works during the year 2024-25. It is submitted that the competent authority has approved the bills. However, no payment has been 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. 4. The 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 and the reports were awaited. 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
-5- W.P. No.28420 OF 2025 Date of order:15.10.2025
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 work 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. 6. Considering the submissions, respondents 3 and 7 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.
7. Accordingly, the Writ Petition is disposed of. No costs.
8. Pending miscellaneous petitions, if any, shall stand closed.
___________________ JUSTICE HARINATH.N BV