APHC010130822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6812/2025 Between: 1. GANDIKOTA RAMA SUBBAIAH, S/O.PULLANNA, OCC CONTRACTOR, AGE-42 YEARS, R/O D.NO 25-122-2, CPI OFFICE STREET, KONDAPETA, DHONE, DHONE (M), KURNOOL DISTRICT - 518222. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPLE SECRETARY TO GOVERNMENT PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, OFFICE AT NAKKAL ROAD, SURYARAO PETA, VIJAYAWADA. 3. THE DISTRICT COLLECTOR, KURNOOL,KURNOOL DISTRICT. 4. THE DISTRICT PROGRAMME COORDINATOR, KURNOOL,KURNOOL DISTRICT. 5. THE SUPERINTENDING ENGINEER, PRI CIRCLE, DHONE, KURNOOL DISTRICT. 6. THE EXECUTIVE ENGINEER PRI DIVISION, KURNOOL, KURNOOL DISTRICT. 7. JAKKASANIKUNTLA GRAMPANCHYAT, REP BY ITS PANCHAYAT SECRETARY, JAKKASANIKUNTIA (V), PEAPULLY (M), KURNOOL DISTRICT. 8. THE DIRECTOR M G N R E G SCHEME, MINISTRY OF RURAL DEVELOPMENT, GOVERNMENT OF INDIA, KRUSHI BHAAVAN, NEW DELHI. 9. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH ...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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declare the action of the respondents in Not Releasing the Estimated Contract value amount Rs. 4,37,993/- of M Book No 3711-A, in respect of the work of Providing Pucca internal roads/streets.including drainage system and culverts with in a village under convergence funds at location from GP office to Chinna Vannurappa (H) and other streets in Jakkasanikuntia (v) Peapully (M), Kurnool District, for which the grant was SDF Convergence Funds for which the grant was SDF Convergence Funds., as illegal, arbitrary. Violation of Right to life and Violation of Principles of Natural justice, and consequently direct to the respondents to Release the Final Bill Amount of Rs. 4,37,993/- for the above said work and pay the along with interest forthwith 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 releasing the Estimated Contract value amount Rs. 4,37,993/-, for execution of completion of SDF Convergence works under PRI Department as per agreement, to the petitioner forthwith, pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. KOMMA VIJAYA RAJ KUMAR Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE 3. GP FOR FINANCE PLANNING 4. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6812 OF 2025 ORDER: 1. The petitioner had been awarded the contract of work(s) under the subject scheme in Kurnool District. After execution of the said contract, a final bill was prepared for a sum of Rs.4,37,993/- 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.3,76,486/- 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 arbitrary and that such dues need to be cleared by the respondents at the earliest. 4. On the other hand, learned Government Pleader placed on record written instructions submitted by the Executive Engineer, PR (PIU) Division, Nandyal dated 16.07.2025, wherein, it is admitted that the petitioner is entitled for an amount of Rs.3,76,486/-. It is further stated that uploading of bills to the PAO is under progress. Soon after the bills were uploaded, the bill amount entitled by the petitioner will be paid to the petitioner. 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.3,76,486/- to the petitioner. 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 two (02) months from the date of receipt of a copy of this order. It would also be open to the petitioner to agitate his 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 01.08.2025 BSP 276 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6812 OF 2025 01.08.2025 BSP