Andhra Pradesh High Court

WP/3618/2026 of SRI KRISHNA ENVIRO ENGINEERS Vs THE STATE OF ANDHRA PRADESH on 7 July 2026

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for orders : Date of pronouncement : 08.07.2026 Date of uploading : APHC010057772026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY, THE 8th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 3618/2026 Between:

Date of reserved for orders :

Date of pronouncement : 08.07.2026

Date of uploading :

APHC010057772026

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI

(Special Original Jurisdiction)

WEDNESDAY, THE 8th DAY OF JULY 2026

PRESENT

THE HONOURABLE SRI JUSTICE HARINATH.N

WRIT PETITION NO: 3618/2026

Between:

1. SRI KRISHNA ENVIRO ENGINEERS, REP.BY ITS MANAGING

PARTNER, D. KRISHNA MOORTHY, S/O. VENKATESWARLU, AGED ABOUT 62 YEARS, OCC CONTRACTOR, R/O. D.NO. 272/A, 1ST FLOOR, MLA COLONY, ROAD NO. 12, BANJARA HILLS, HYDERABAD.

...PETITIONER

AND

1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS

PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND

URBAN

DEVELOPMENT

DEPARTMENT,

SECRETARIAT

BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT 522 238

2. THE MANGALAGIRI TADEPALLI MUNICIPAL CORPORATION, REP.

BY ITS COMMISSIONER, MANGALAGIRI, GUNTUR DISTRICT. 522

3. THE

SUPERINTENDING

ENGINEER

FAC,

MANGALAGIRI

TADEPALLI, MUNICIPALCORPORATION, MANGALAGIRI, GUNTUR

DISTRICT. 522 503

4. MUNICIPAL ENGINEER, MANGALAGIRI TADEPALLI, MUNICIPAL

CORPORATION, MANGALAGIRI, GUNTUR DISTRICT. 522 503

5. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS

PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT

BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 522 238

...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 to issue a writ of mandamus declaring the action of the Respondents herein, in withholding the payment of CC 1st and Part payment in Net amount of Rs.30,66,585/- even after finalizing the bills payable to the petitioner in relation to the work i.e., Mangalagiri Municipality - Construction of SC Community Hall at Kabela in 15th ward in Mangalagiri Municipality under SCSP Funds vide Agreement No.93/2020-21, Dt.21.07.2020 is questioned, as the same is illegal and arbitrary apart from violates of Articles 14, 16, 19

and 300-A of The Constitution of India and consequently direct the respondents to consider for payment of bills in CC 1st and Part payment in Net amount of Rs.30,66,585/- with an interest @24 percent per annum for the delayed amount to the petitioner in respect of execution of above- mentioned work., forthwith and pass IA NO: 1 OF 2026

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 to direct the respondents to consider for payment of bills in CC 1st and Part payment in Net amount of Rs.30,66,585/- with regard to the completion of work i.e., Mangalagiri Municipality - “Construction of SC Community Hall at Kabela in 15th ward in Mangalagiri Municipality under SCSP Funds vide Agreement No.93/2020-21, Dt.21.07.2020 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 MUNCIPAL ADMN AND URBAN DEV AP

The Court made the following:

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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 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.

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

5. 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 08.07.2026 PNS

Whether the order is: Speaking

Reasoned ☑ Reportable

Non-reportable ☑

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