M Radha Devi Vs the Principal Secretary to Government

THE PRINCIPAL SECRETARY TO GOVERNMENT MUNICIPAL ADMINISTRATION DEPARTMENT, A.P SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH-522 238

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

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THE SUPERINTENDENT ENGINEER FAC, MANGALAGIRI TADEPALLI MUNICIPAL CORPORATION MANGALAGIRI, MANGALAGIRI MANDAL GUNTUR DISTRICT

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THE MUNICIPAL ENGINEER, MANGALAGIRI TADEPALLI MUNICIPAL CORPORATION MANGALAGIRI, MANGALAGIRI MANDAL GUNTUR DISTRICT

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HN, J W.P.No.12082_2025

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THE ASSISTANT ENGINEER, MANGALAGIRI TADEPALLI MUNICIPAL CORPORATION MANGALAGIRI, MANGALAGIRI MANDAL 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 pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declare the action of the respondents in withholding the bill net payment of Rs 2,41,741/- and Rs 4, 85,234/- payable to the petitioner in relation to under contract vide (i) Agt No. 521/2023-24, dt 04.03.2024, (ii) Agt No. 16 /2023- 24, dt 12.12.2023 of work namely MTMCLaying of 160mm HDPE Pipeline NH-16 service road to prime IVIS International Tech in Mangalagiri of Mangalagiri Tadepalli Municipal Corporation Under General funds, MTCM- Laying 160mm HDPE Pipeline form Rathanala Cherue to Chaitanya Aaharama and Gowtham Budda Road to beside NRI Hospital in Mangalagiri Tadepalli Municipal Corporation under general Funds in Mangalagiri, Guntur District, Andhra Pradesh, the same was recorded by the concerned authorities in the Measurement Books, and even after uploading the same after thorough inspection an verification as the same is arbitrary, illegal, unconstitutional and in clear violation of G.O.Ms No. 120, Finance Department, dated 13-06-20i2 and violative of well settled principles of natural justice and consequently direct the respondents to pay an amount of Rs 2,41,741/- 8t Rs 4, 85,234/- payable to the petitioner in relation to under contract vide (i) Agt No. 521/2023-24, dt 04.03.2024, (ii) Agt No. 16 /2023-24, dt 12.12.202in respect of execution of afore mentioned works forthwith and to 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 direct the respondents to take steps to pay the amount Rs 2,41,741/- Rs.4.85,234/- payable to the petitioner in relation to under contract vide (i) Agt No. 521/2023-24, dt 04.03.2024, (ii) Agt No. 16 /2023-24, dt 12.12.2023 pending disposal of this Writ Petition and to pass

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Counsel for the Petitioner:

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1.RAMINENI SUDHEER

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Counsel for the Respondent(S):

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

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2.GP FOR FINANCE PLANNING

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3.GP MUNCIPAL ADMN AND URBAN DEV AP

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HN, J W.P.No.12082_2025

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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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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 eight (08) weeks from the date of receipt of a copy of this order.

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