APHC010132052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7121/2025 Between: 1. V. VENKATA RAMANA, S/O SEENAIAH, AGED ABOUT 48 YEARS, R/O D.NO.2-32, MALLESWARAM, NALAGAMPALLE, BANGARUPALEM MANDAL, CHITTOOR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, CHITTOOR DISTRICT, CHITTOOR. 3. THE DISTRICT PANCHAYAT OFFICER, CHITTOOR, CHITTOOR DISTRICT. 4. THE EXECUTIVE ENGINEER, P.R.I. DIVISION, CHITTOOR, CHITTOOR DISTRICT. 5. THE DEPUTY EXECUTIVE ENGINEER, P.R.I. SUB-DIVISION, PUTHALAPATTU, CHITTOOR DISTRICT. 6. THE ASSISTANT EXECUTIVE ENGINEER, M.P., BANGARUPALEM, CHITTOOR DISTRICT. 7. THE NALAGAMPALLE GRAMA PANCHAYAT, REP. BY ITS SECRETARY, BANGARUPALEM MANDAL, CHITTOOR DISTRICT. 8. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATI, GUNTUR 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 the nature of WRIT OF MANDAMUS declaring the action of the Respondents in not paying the amount of Rs.5,00,000/- (Rupees Five lakh only) with interest due to the Petitioner on executed work of constructing C.C. road from Highway road to Nalagampalle, Harijanawada in Bangarupalem Mandal, Chittoor District, as illegal, arbitrary, violative of fundamental rights guaranteed under Article 14, 16, 21 of Constitution of India and consequently direct the Respondents to pay the amount of Rs.5,00,000/- (Rupees Five lakh only) with interest due to the Petitioner on executed work of constructing C.C. road from Highway road to Nalagampalle, Harijanawada in Bangarupalem Mandal, Chittoor District in furtherance of work agreement 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 to release and pay the amount of Rs.5,00,000/- (Rupees Five lakh only) with interest due to the Petitioner on executed work of constructing C.C. road from Highway road to Nalagampalle, Harijanawada in Bangarupalem Mandal, Chittoor District in furtherance of work agreement and pass Counsel for the Petitioner: 1. A SYAM SUNDAR REDDY Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING 3. 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:7121 OF 2025 ORDER: 1. The petitioner had been awarded the contract of work(s) under the subject scheme in Chittoor District. After execution of the said contract, a final bill was prepared for a sum of Rs.5,00,000/- 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.4,55,733/-, 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 respondent No.7, wherein, it is stated that out of the total amount entitled by the petitioner i.e., Rs.4,55,733/-, a partial payment of Rs.1,50,000/- was already paid to the petitioner on 25.03.2025 and the remaining balance amount of Rs.3,05,733/- will be paid after 15th Finance Commission Grants released to the Gram Panchayat. 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, more particularly, respondent No.7 to release the amount of Rs.3,05,733/- 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 06.08.2025 BSP 41 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7121 OF 2025 06.08.2025 BSP