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2025 DAILYLAW 55757 (AP)

M/s Forum Contractors, v. The State of Andhra Pradesh,

WP/30312/2025 · 2025-11-03

Harinath N

body2025

Judgment text

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APHC010583302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 30312/2025 Between: M/s Forum Contractors, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. Sri GNANESWARA RAO MITTIREDDI Counsel for the Respondent(S): 1. Ld. GP MUNCIPAL ADMN AND URBAN DEV AP 2. Ld. GP FOR FINANCE PLANNING 3. Sri A.S.C. Bose, Ld. Standing Counsel for R.3. The Court made the following: -2- W.P. No.30312 OF 2025 Date of order:04.11.2025 THE HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION No.30312 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) providing of chain link mesh around Christian burial ground in 2nd ward of Tadepalli Urban of Mangalagiri Tadepalli Municipal Corporation, vide agreement No.233/2023-24, dt.01.08.2023; (ii) Formation of road with gravel in Islampeta and Vadurgapuram internal roads, 11th and 12th Ward and Jungle clearance and fencing in Islampeta Burial Grounds 11th ward of Tadepalli Urban of MangalagiriTadepalli Municipal Corporation, vide agreement No.85/2023-24, dt 15.05.2023; (iii) Providing CC Drain from Nagaraju House 14.440/82 to GorontiaKasi Reddy (14.440/83) house in White quarry area. 11th and 12th ward of Tadepalli Urban Mangalagiri of No.209/2023-24, TadepalliMunicipal Corporation, vide agreement dt 18.07.2023; -3- W.P. No.30312 OF 2025 Date of order:04.11.2025 (iv)Formation of road with travel from R&B Road to Sadana madam House, Nulakapet Main Road to Prabhakar Rao House backside Tapovanam and Saida house (14-139) to Srinu House jyothiNilayam (14-177/7/6) in 13th Ward of Tadepalli Urban of MangalagiriTadepalli Municipal Corporation, vide agreement No.211/2023-24, dt.18.07.2023; (v) Providing CC Road Patch from Ambedkar statue to ZillaGrandhalayam in 17th ward Tadepalli Urban under and General Funds; (vi) Providing CC Drain from AchyuthaKumari (7-120) to Pangolu Jaya sankar House (7-181) in 16th ward of Tadepalli Urban of MangalagiriTadepalli Municipal Corporation, vide agreement No.374/2023-24, dt 17.10.2023; (vii) Construction of Funeral shed in Hindu Burial ground in Rajeev Colony in 12th ward of Tadepalli Urban in MangalagiriTadepalli Municipal Corporation under municipal general funds; (ix) providing fencing from PWD boat yard to Undavalli center bridge in Tadepalli Urban and near skating ring at water works in MangalagiriTadepalli Municipal Corporation under genera funds.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 -4- W.P. No.30312 OF 2025 Date of order:04.11.2025 aggregating to a sum of Rs.54,90,448/- was also approved by the competent authority. However, the billswerenot released. The petitioner executed the works during the year 2023-24. 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 for the year 2023-2024 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 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 -5- W.P. No.30312 OF 2025 Date of order:04.11.2025 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, respondents2, 3 and 5 are hereby directed to verify and release the payments due payable to the petitioner as expeditiously as possible preferably within a period of eight (08) 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