APHC010704552025 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 36648/2025 Between: 1. SRI KRISHNA CHEMICALS ENTERPRISES, SHOP. NO. 59, BHAVA NARAYANA STREET, PSM COMPLEX, VIJAYAWADA KRISHNA DISTRICT. REP. BY ITS SOLE PROPRIETOR, YENDURU VENKATA SATYANARAYANA, S/O YENDURU VENKATESWARLU, AGED ABOUT 67 YEARS, R/O 1 NEAR FOUR PILLARS, VIDHYADHARAPURAM, VIJAYAWADA, NTR DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, A.P SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE AND PLANNING A.P SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 3. THE ANDHRA PRADESH COMPREHENSIVE FINANCIAL MANAGEMENT SYSTEM CFMS, TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT, REP. BY ITS CHAIRMAN. 4. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, ANDHRA PRADESH AT TADEPALLI, GUNTUR DISTRICT. 5. THE DIRECTORATE OF TREASURIES AND ACCOUNTS, FLOOR, C BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT. REP. BY ITS DIRECTOR OF TREASURIES AND ACCOUNTS. 6. PAY AND ACCOUNTS OFFICER, TREASURIES AND ACCOUNTS, GUNTUR. 7. THE DISTRICT TREASURY OFFICER, GUNTUR DISTRICT. 8. THE MANGALAGIRI TADEPALLI MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, MANGALAGIRI, GUNTUR DISTRICT. 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 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 36648/2025 SRI KRISHNA CHEMICALS ENTERPRISES, SHOP. NO. 59, BHAVA NARAYANA STREET, PSM COMPLEX, VIJAYAWADA KRISHNA DISTRICT. REP. BY ITS SOLE PROPRIETOR, YENDURU VENKATA SATYANARAYANA, S/O YENDURU VENKATESWARLU, AGED ABOUT 67 YEARS, R/O 1-4/7-24/4, BUDHAVARI STREET. NEAR FOUR PILLARS, VIDHYADHARAPURAM, VIJAYAWADA, NTR ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, A.P SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE AND PLANNING A.P SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. THE ANDHRA PRADESH COMPREHENSIVE FINANCIAL MANAGEMENT SYSTEM CFMS, 6TH FLOOR, C BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT, REP. BY ITS THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, ANDHRA PRADESH AT TADEPALLI, GUNTUR THE DIRECTORATE OF TREASURIES AND ACCOUNTS, FLOOR, C BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT. REP. BY ITS DIRECTOR OF TREASURIES PAY AND ACCOUNTS OFFICER, TREASURIES AND ACCOUNTS, THE DISTRICT TREASURY OFFICER, GUNTUR DISTRICT. GIRI TADEPALLI MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, MANGALAGIRI, GUNTUR DISTRICT. ...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 IN THE HIGH COURT OF ANDHRA PRADESH [3457] THE HONOURABLE SRI JUSTICE HARINATH.N SRI KRISHNA CHEMICALS ENTERPRISES, SHOP. NO. 59, BHAVA NARAYANA STREET, PSM COMPLEX, VIJAYAWADA-520001, KRISHNA DISTRICT. REP. BY ITS SOLE PROPRIETOR, YENDURU VENKATA SATYANARAYANA, S/O YENDURU VENKATESWARLU, BUDHAVARI STREET. NEAR FOUR PILLARS, VIDHYADHARAPURAM, VIJAYAWADA, NTR ...PETITIONER THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, A.P SECRETARIAT BUILDINGS, VELAGAPUDI, THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE AND PLANNING A.P SECRETARIAT BUILDINGS, VELAGAPUDI, THE ANDHRA PRADESH COMPREHENSIVE FINANCIAL 6TH FLOOR, C BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT, REP. BY ITS THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, ANDHRA PRADESH AT TADEPALLI, GUNTUR THE DIRECTORATE OF TREASURIES AND ACCOUNTS, 3RD FLOOR, C BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT. REP. BY ITS DIRECTOR OF TREASURIES PAY AND ACCOUNTS OFFICER, TREASURIES AND ACCOUNTS, THE DISTRICT TREASURY OFFICER, GUNTUR DISTRICT. GIRI TADEPALLI MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, MANGALAGIRI, GUNTUR DISTRICT. ...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 2 pleased topleased to issue a writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not paying the admitted due amounts of Rs 4,33,674, Rs 4,31,699, Rs 4,42,420, Rs 4,45,459 and Rs 4,47,242 respectively totaling Rs 22,00,494/- (Twenty two lakhs four hundred and ninety four) payable to petitioner in relation to 5 works executed by it for the 8th respondent herein under agreement Bearing No.s 645/2023-24 (dated 16-03- 2024), 646/2023-24 (dated 16-03-2024, 648/2023-24 (dated 16- 03-2024), 688/2023-24 (dated 16-03-2024), and 689/2023-24 (dated 16-03-2024), respectively despite finalizing the bills, as illegal, arbitrary, unconstitutional and consequently direct the respondents herein to immediately pay the due amounts of Rs 4,33,674, Rs 4,31,699, Rs 4,42,420, Rs 4,45,459 and Rs 4,47,242 respectively totaling Rs 22,00,494/- (Twenty two lakhs four hundred and ninety four) payable to petitioner in relation to the above 5 works executed for 8th respondent under the said agreements with an interest @ 12 percent per annum 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 herein to release the due amounts of Rs 4,33,674, Rs 4,31,699, Rs 4,42,420, Rs 4,45,459 and Rs 4,47,242 respectively totaling Rs 22,00,494/- (Twenty two lakhs four hundred and ninety four) payable to petitioner in relation to 5 works executed by it for the 8th respondent herein under agreement Bearing No.’s 645/2023-24 (dated 16-03-2024), 646/2023-24 (dated 16-03-2024), 648/2023-24 (dated 16-03- 2024), 688/2023-24 (dated 16-03-2024), and 689/2023-24 (dated 16-03- 2024) respectively within a stipulated time frame and pass Counsel for the Petitioner: 1. SASANKA BHUVANAGIRI Counsel for the Respondent(S): 1. A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP) 2. GP MUNCIPAL ADMN AND URBAN DEV AP 3. GP FOR FINANCE PLANNING The Court made the following: 3 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.36648 of 2025 ORDER: Heard learned counsel for the petitioner, learned Assistant Government Pleader for Municipal Administration and Urban Development, learned Assistant Government Pleader for Finance and Planning and learned Standing Counsel for Municipal Corporation. 2. Learned counsel appearing for the petitioner submits that the writ petition is filed by the contractor, who executed various works within the limits of the Mangalagiri-Tadepalli Municipal Corporation. The petitioner has completed the works to the satisfaction of the Mangalagiri-Tadepalli Municipal Corporation and the final bills were also approved by the competent authority. However, the bills were not released. The petitioner executed the works during the year 2023–24, and also executed some works in the year 2024. It is submitted that the competent authority has approved the bills; however, there has been no payment 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. 3. 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 4 Vigilance Department is taking up verification of the works executed by the petitioner for the year 2019-2024 and the reports were awaited. 4. 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 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 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. It is needless to mention that the said exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order. 5. Accordingly, the Writ Petition is disposed off. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N KGM 5 194 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION No.36648 of 2025 Date: 06.01.2026 KGM