1 APHC010651962025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY,THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 33873/2025 Between: 1.GREEN CROSS AGRI CLINIC AND AGRI BUSINESS CENTRE, REP. BY ITS MANAGING PARTNER S. SUBBA RAO, S/O. S. CHINNAVARASWAMI AGED 45 YEARS, OCC CONTRACTOR, R/O. D.NO.9/307, VENKATA SURYA COMPLEX, THEATRE ROAD, KADIYAM, EAST GODAVARI. ...PETITIONER AND 1.THE STATE OF AP, REP. BY PRINCIPAL SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2.VISAKHAPATNAM METROPOLITAN REGION DEVELOPMENT AUTHORITY, REP. BY ITS COMMISSIONER, 8TH FLOOR, UDYOG BHAVAN, SIRIPURAM JUNCTION., VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 3.THE DIVISIONAL FOREST OFFICER, URBAN FORESTRY DIVISION, VMRDA, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 4.THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. ...RESPONDENT(S): 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 topleased to issue a Writ of Mandamus declaring the action of the respondents herein, in withholding the balance payments of 1.)Rs.44,49,056/-, 2.)Rs.21,10,989/-, 3.)Rs.42,90,328/- totally Rs. 1,08,50,373/- even after finalizing the bills payable to the petitioner in relation to the works i.e., 1.) Raising of 29,000 Nos Block Plantation in open space in APSEZ Western sector of area 20 Ac near to Gurajapalm duragama temple and APIIC Lands available gap areas adjacent to Marturu (Vi) areas during 2018-19 (NTPC Deposit works). vide Agreement No No.10/2018- 19/UFD/M1/VMRDA, dated 30.11.2018, .) Raising of 16,000 Nos Avenue Plantation in the APIIC, Atchutapuram i.e. (12th K.m stone to Gurajapalem 5 km and internal roads 2,800 Nos, Pepsi company to Vachettipalem to Ramachandrapalem 5 Km 2,000 Nos, Dibbapalem Rehabilitation main approach road 10 K.m 4,000 Nos, Dibbapalem Rehabilitation internal roads 6,000 Nos, and Pallavanipalem (Larus company) to krishnampalem road 3 K.m 1,200 Nos) during 2018-19 (NTPC Deposit works). vide Agreement No. / 2018- 19/UFD/Ml/VMRDA dt. 13.12.2018, 3.) Raising of 2 5,000 Nos Avenue and Block Plantation in various locations at Visakhapatnam (i.e.. Medical college and KGH surrounding gap areas 3,000 Nos, Collectors office campus gap areas 1,000 Nos, Zilla parishad campus gap areas 500 Nos and Dayalnagar approach and internal road near Visalakshinagar 500 Nos) during 2018-19 (NTPC Deposit works). vide Agreement No.9/20 18- 19/UFD/M1/VMRDA, dated 30.11.2018 is questioned, as the same is illegal and arbitrary apart from violating of Articles 14, 16, 19 and 21 of The Constitution of India and consequently direct the respondents to consider for payment of the balance bills of 1.)Rs.44,49,056/-, 2.)Rs.21,10,989/-, 3.)Rs.42,90,328/- totally Rs. 1,08,50,373/- with interest @ 24 percent per annum for the delayed amount to the petitioner and pass IA 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 pleased to DIRECT the respondents to consider the balance payment of l.)Rs.44,49,056/-, 2.)Rs.21,10,989/-, 3.)Rs.42,90,328/- totally Rs. 1,08,50,373/- with regard to the completion of works i.e.; 1.) “Raising of 29,000 Nos Block Plantation in open space in APSEZ Western sector of area 20 Ac near to Gurajapalm duragama temple & APIIC Lands available gap areas adjacent to Marturu (Vi) areas during 2018-19 (NTPC Deposit works).” vide Agreement No.10/2018- 19/UFD/Ml/VMRDA, dated 30.11.2018, 2.) “Raising of 16,000 Nos Avenue Plantation in the APllC, Atchutapuram i.e.(12* K.m stone to Gurajapalem 5 km and internal roads 2,800 Nos; Pepsi company to Vachettipalem to Ramachandrapalem 5 Km 2,000 Nos; Dibbapalem Rehabilitation main approach road 10 K.m 4,000 Nos; Dibbapalem Rehabilitation internal roads 6,000 Nos; and Pailavanipalem (Larus company) to krishnampalem road 3 K.m 1,200 Nos) during 2018-19 (NTPC Deposit works). vide Agreement No. / 2018- 19/UFD/M1/VMRDA dt. 13.12.2018, 3.) “Raising of 5,000 Nos Avenue 85 Block Plantation in various locations at Visakhapatnam (i.e.. Medical college and KGH surrounding gap areas 3,000 Nos; Collectors office campus gap areas 1,000 Nos; Zilla parishad campus gap areas 500 Nos and Dayalnagar approach & internal road near Visalakshinagar 500 Nos) during 2018-19 (NTPC Deposit works).”vide Agreement No.9/2018- 19/UFD/M1/VMRDA, dated 30.11.2018 ” with an interest @24% per annum for the delayed amount to the petitioner, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1.SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1.GP FOR FORESTS 2.SOMISETTY GANESH BABU SC For VUDA and MUDA 3.GP MUNCIPAL ADMN AND URBAN DEV AP 4.GP FOR FINANCE PLANNING The Court made the following: 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.33873 of 2025 ORDER: 1. The petitioner is aggrieved by the action of the respondents in withholding the payment of pending total amount of Rs.1,08,50,373/-. 2. The learned counsel for the petitioner submits that the petitioner was awarded various works i.e., (1) Raising of 29,000 Nos. Block Plantation in open space in APSEZ Western Sector of area 20Ac. near to Gurajapalem Durgamma Temple and APIIC Lands available gap areas adjacent to Marturu (Vi) areas during 2018-19 (NTPC Deposit work) vide agreement No.10/2018-19/UFD/M1/VMRDA, dated 30.11.2018, (2) Raising of 16,000 Nos Avenue Plantation in the APIIC, Atchutapuram i.e., 12th K.M stone to Gurajapalem 5 Km and internal roads 2,800 Nos; Pepsi company to Vachettipalem to Ramachandrapalem 5 Km 2,000 Nos; Dibbapalem Rehabilitation main approach road 10 K.m 4,000Nos; Dibbapalem Rehabilitation internal roads 6,000 Nos; and Pailavanipalem (Larus company) to Krishnampalem road 3 K.m 1,200 Nos) during 2018-19 (NTPC Deposit work) vide agreement No. /2018-19/UFD/M1/VMRDA, dated 13.12.2018 (3) Raising of 5,000 Nos Avenue & Block Plantation in various locations at Visakhapatnam (i.e., Medical College & KGH surrounding gap areas 3,000 Nos; Collectors office campus gap areas 1,000 Nos; Zilla parishad campus gap areas 500 Nos and Dayalnagar approach & internal road near Visalakkshinagar 500 Nos) during 2018-19 4 (NTPC Deposit work) vide agreement No.9/2018-19/UFD/M1/VMRDA, dated30.11.2018. 3. The learned counsel for the petitioner further submits that the petitioner duly executed all the works in the year 2019 and submitted final and the final bills were duly endorsed by the competent authority. A statement detailing the works executed by the petitioner was prepared. However, in spite of the completion of all procedural formalities, the payment towards the completed works has not been released till date. 4. Heard the submissions of the learned counsel for the petitioner, the learned Government Pleader for Municipal Administration & Urban Development, the learned Standing Counsel for the Corporation and the learned Assistant Government Pleader for Finance and Planning. 5. During the course of hearing, the learned Standing Counsel appearing for the 2nd respondent, on written instructions, submits that the respondents have initiated vigilance enquiry and that the Commissioner has submitted its report on 27.08.2024 and that an amount of Rs.54,81,498/- is proposed to be recovered from the bills of the petitioner and that, upon such recovery/ adjustment, the balance amount, if any, payable shall be released to the petitioner within a stipulated time after obtaining approval from the competent authority. 6. 6. The learned counsel for the petitioner submits that the respondents be directed to release the balance amount after withholding the proposed amount of Rs.54,81,498/- towards the alleged recovery, and that the 5 petitioner reserves right to challenge the said recovery. The learned counsel for the petitioner requested this Court to pass a direction to release the balance amount. 7. The learned standing counsel for the 2nd respondent submits that the balance amount would be released after due verification within a reasonable period of time. 8. Considering the submissions made by the learned counsel on either side, the respondent authorities are directed to release the balance amount, after withholding an amount of Rs.54,81,498/- from the petitioner’s bills, as expeditiously as possible preferably within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that it is left open for the petitioner to challenge the Vigilance Report before the appropriate authority, in accordance with law. 9. Accordingly, the writ petition is disposed of. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ___________________ JUSTICE HARINATH.N KGM 6 265 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.33873 of 2025 Date: 08.01.2025 KGM