::1:: APHC010123632024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6563/2024 Between: 1. BLOSSOM INFRA VENTURES INDIA PVT LTD, DOOR NO.1- 90/7/B/53/P, 4TH FLOOR, BLOSOM HEIGHTS, PATRIKA NAGAR, MADHAPUR, HYDERABAD 500 081, REP. BY ITS V SRINIVASULU, S/O. VASANTHA NARASIMHA REDDY, AGED ABOUT 58 YEARS, R/O. KONDLAVANDLA PAILI, NARAYANAREDDY PALLI, SAMBEPALLE MANDAL, ANNAMAYA DISTRICT, ERSTWHILE YSR KADAPA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, , REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEPARTMENT (R.D-II), SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 3. THE STATE OF ANDHRA PRADESH, , REP. BY ITS PRINCIPAL SECRETARY, AGRICULTURE AND CO- ::2:: OPERATION (MKTG-I) DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 4. THE DISTRICT COLLECTOR, ANNAMAYYA DISTRICT, RAYACHOTY, ERSTWHILE YSR KADAPA DISTRICT. 5. THE DISTRICT COLLECTOR, KADAPA, YSR KADAPA DISTRICT, 6. THE ENGINEER IN CHIEF, , PANCHAYAT RAJ DEPARTMENT, VIJAYAWADA, NTR DISTRICT, ERSTWHILE KRISHNA DISTRICT. 7. THE SUPERINTENDING ENGINEER, , PANCHAYAT RAJ DEPARTMENT, KADAPA, YSR KADAPA DISTRICT, A.P. 8. THE DISTRICT PANCHAYAT RAJ ENGINEER OFFICE, , ANNAMAYYA DISTRICT, RAYACHOTY, ERSTWHILE YSR KADAPA DISTRICT. 9. THE EXECUTIVE ENGINEER PR, VIG AND QUALITY CONTROL, KADAPA, YSR KADAPA DISTRICT. 10. THE DEPUTY EXECUTIVE ENGINEER, , PIU, (PR) SUB- DIVISION, RAYACHOTY, ANNAMAYYA DISTRICT, ERSTWHILE YSR KADAPA DISTRICT. 11. THE PAY AND ACCOUNTS OFFICE, TELUGU GANGA PROJECT, KADAPA, YSR KADAPA 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 pleased topleased to issue a writ, order or direction more particularly one in nature of Writ of Mandamus declaring by the inaction on the part of the respondents in paying bills for an amount of Rs.1,32,48,860/-. for the works executed by the petitioner by work name providing BT approach road from CK road to YSR Jagananna Colony via Yerraguntla Harizanawada in Narayanareddypalli GP of Sambepalli ::3:: Mandal of Rayachoty Constituency in Annamayya District vide agreement No.nil/2022-23, dated 30-01-2023 with M book Nos.123- B/22-23, 125-B/22-23, 262-B/23-24 under the AMC grant sanction through G.O.Rt.No.622, dated 22-09-2022 of Principal Secretary to Government, Agricultural and Cooperation (MTKG-1) Department for an amount of Rs.1,32,48,860/- is as arbitrary, illegal, contrary to the settled legal position apart from being violative of fundamental rights guaranteed to me under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents to pay an amount of Rs.1,32,48,860/-. for the works executed by the petitioner by work name providing BT approach road from CK road to YSR Jagananna Colony via Yerraguntla Harizanawada in Narayanareddypalli GP of Sambepalli Mandal of Rayachoty Constituency in Annamayya District vide agreement No.nil/2022-23, dated 30-01-2023 with M book Nos.123- B/22-23, 125-B/22-23, 262-B/23-24 under the AMC grant sanction through G.O.Rt.No.622, dated 22-09-2022 of Principal Secretary to Government, Agricultural and Cooperation (MTKG-1) Department for an amount of Rs.1,32,48,860/- and pass Counsel for the Petitioner: 1. RAMESH N Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. GP FOR AGRICULTURE ::4:: HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.6563 of 2024 This Court made the following ORDER: The petitioner had been awarded the contract of work(s) under the subject scheme in Annamayya District. After execution of the said contract, a final bill was prepared for a sum of Rs.1,32,48,860/- as per the sanctioned orders. As the payment of the said amount has not been made by the respondents, the petitioner has approached this Court by way of this writ petition. 2. It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled for payment of Rs.1,32,48,860/- no payment is being made. The petitioner contends that such non-payment of money is clearly arbitrary and high-handed requiring the interference of this Court. 3. This Court, in various orders, including the judgment of a learned Single Judge of this Court dated 05.10.2021 in W.P.No.10038 of 2021 and batch had taken the view that such non-payment of dues is ::5:: arbitrary and that such dues need to be cleared by the respondents at the earliest. 4. On the other hand, Respondent No.10 filed counter-affidavit and stated as under: “7. Without adverting to each of the averments in the Writ Petition, it is respectfully submitted that work order is Gross Rs.1,57,69,464/- and balance amount to be paid to the petitioner of Rs.1,45,86,754/-. Due to non mapping of Head of Account, the amount was not paid to the Contractor whenever HOA created and releasing of funds from the Government the payment will be made to the Contractor. There are no Vigilance cases for recovery. It is submitted that, once the Budget Release Order is issued by the Respondent No.2 (Finance Department), the admitted bills would be uploaded, on priority, for payment to the petitioner herein. 8. It is submitted that, in so far as the prayer for payment of interest is concerned, this Hon’ble Court, in an order in WA No.791 of 2022, dated 26.04.2022 has categorically held that the petitioner has to approach the Civil Court, for interest. In view of the said order, the said prayer for payment of interest is clearly misconceived.” It is further stated that once the Budget Release Order is issued by the Respondent No.2 (Finance Department), the admitted bills would be uploaded, on priority, for payment to the petitioner herein. 5. In view of the facts and circumstances submitted in the affidavit, and the directions of this Court in various cases and after hearing the submissions of learned counsel for the petitioner, this Writ Petition is disposed of with a direction to the respondents to release the amount of Rs.1,32,48,860/- to the petitioner. ::6:: 6. As far as interest component is concerned, if there is any subsisting clause in the agreement/work order envisaging payment or non-payment of interest upon any amount which is due and payable, the same is binding upon both the parties. In the absence of any clause with regard to interest component in the agreement, the respondents are directed to release the amount along with the interest @ 6% per annum on delayed payment, in view of the judgment of the Hon’ble Division Bench of this Court in Writ Appeal No.724 of 2021 and batch dated 12.10.2023 if not paid, within a period of six (06) months from the date of receipt of a copy of this order. It would also be open to the petitioner to agitate its claim for higher rate of interest and due amount, if any payable by the respondents, in an appropriate forum. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ______________________________________ VENKATESWARLU NIMMAGADDA, J 29.08.2025 krk ::7:: HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.6563 of 2024 29.08.2025 krk 70