G S Infra Vs the State of Andhra Pradesh

G S INFRA, NO.458 OF 2016, 717271/8, 717, SRINAGAR, GUNTUR, REP BY ITS MANAGING PARTNER, GAJULA SRIDHAR, FLAT NO.8, SUDHA SUDAN APARTMENT, CHANDRAMOULI NAGAR, 1ST LINE, GUNTUR, 522 002.

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

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THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

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THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, PADMINI ENCLAVE, 5TH LANE, 4/7 MAHATMA GANDHI INNER RING RD, ANNAPURNA NAGAR, GUNTUR, ANDHRA PRADESH, 522034.

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THE MANGALAGIRI TADEPALLI MUNICIPAL CORPORATION, REP.BY,ITS COMMISSIONER OF MANGALAGIRI TADEPALLI MUNICIPAL CORPORATION, MANGALAGIRI,GUNTUR DISTRICT.

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MUNICIPAL ENGINEER, MANGALAGIRI TADEPALLI MUNICIPAL CORPORATION, MANGALAGIRI, GUNTUR DISTRICT.

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HN, J

W.P.No.11557_2024

SUPERINTENDING ENGINEER, MANGALAGIRI TADEPALLI MUNICIPAL CORPORATION, MANGALAGIRI, GUNTUR DISTRICT.

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...RESPONDENT(S):

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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, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents herein in not paying the amount of Rs.16553624.03- that is payable to the Petitioner Firm for the work of MTMC - 1) Construction Of BT Road From Kadavakollu Anjaneyulu(10-93/A) To Janjanam Anjamma (D No 10-83/10) 2)Construction Of BT Road From Janjanam Anjamma (D No 10- 83110) To Pole No 169 At Cheruvu Katta3)Construction Of BT Road From Sp Lakshmi Gowry (D No 10-274/3) To Shaik Bademia (D No 10-270) and Tobacco Company To Kadavakollu Anjaneyulu(10-93/A) in Yerrabalem(V) of Mangalagiri Tadepalli Municipal Corporation that had been executed by the Petitioner Firm, in accordance with Agreement 115/ 2023-24 Dt.23.05.2023 as being illegal, arbitrary, unjust and violative of Articles 14, 19(1)(g), 21 and 300A of the Constitution of India and consequently direct the Respondents herein to pay Rs.16553624.03- that is payable to the Petitioner Firm and pass

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IA NO: 1 OF 2025

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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 receive the Counter copies on record by allowing the leave petition in the above Writ Petition and pass

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Counsel for the Petitioner:

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1.AMIRISETTY SAI RAGHAVA

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Counsel for the Respondent(S):

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1.GP FOR FINANCE PLANNING

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2.GP FOR MUNCIPAL ADMN URBAN DEV

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3.A S C BOSE (SC FOR MUNICIPAL CORPORATIONS AP)

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HN, J W.P.No.11557_2024

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ORDER:

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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.

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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 2022–23, 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.

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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 2019-2024 and the reports were awaited.

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HN, J W.P.No.11557_2024

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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 ten (10) weeks from the date of receipt of a copy of this order.

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