APHC010140822024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8600/2024 Between: 1. N SURESH BABU, S/O.VENKATESWARA RAO, AGED ABOUT 59 YEARS, R/O.H.NO. 75-1-5, CLASSIC HEIGHTS APARTMENTS, FLAT NO.FR-4, PRAKASH NAGAR, BESIDE SRI CHAITANYA LADIES COLLEGE, DANAVAIPETA, RAJAHMUNDRY (URBAN), EAST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE COMMISSIONER OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, PVS EMPIRE, NEAR PATUR CROSS ROAD, TADEPALLI, GUNTUR DISTRICT. 4. THE MANAGING DIRECTOR, ANDHRA PRADESH HOUSING CORPORATION LTD, AUTO NAGAR, VIJAYAWADA, KRISHNA DISTRICT. 5. THE DIVISION HEAD, (HOUSING) ANDHRA PRADESH HOUSING CORPORATION LTD, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 6. THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT. 7. THE SUPERINTENDING ENGINEER, PANCHAYAT RAJ CIRCLE, RAJAMEHNDRAVARAM. EAST GODAVARI DISTRICT. 8. THE EXECUTIVE ENGINEER, PRI DIVISION, RAJAMAHENDRAVARAM, EAST GODAVARI 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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the admitted/finalized bills payable to the petitioner towards the completed work I.e., Providing approach road and culverts to housing layout in Jambupatnam Village of Korukonda Mandal, East Godavari District, pursuant to M-Book NO.61/A/2019-2020 an amount of Rs.3,79,486/- under Critical Gap Funds, as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and also oppose to the settled principles of law, and consequently direct the respondents to forthwith release the due amount to the petitioner towards the completed work I.e., Providing approach road and culverts to housing layout in Jambupatnam Village of Korukonda Mandal, East Godavari District, pursuant to M-Book No.61/A/2019-2020 an amount of Rs.3,79,486/- under Critical Gap Funds, and pass IA NO: 1 OF 2024 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 respondent Nos: 1 to 3 to release the amount pending towards the completed work I.e., Providing approach road and culverts to housing layout in Jambupatnam Village of Korukonda Mandal, East Godavari District, pursuant to M-Book NO.61/A/2019-2020 an amount of Rs.3,79,486/- under Critical Gap Funds, to the petitioner, pending disposal of the writ petition and pass Counsel for the Petitioner: 1. RAVULA NAGARJUNA Counsel for the Respondent(S): 1. E V JAGANNADHA RAO (SC FOR AP STATE HOUSEING COOP LTD) 2. GP FOR FINANCE PLANNING 3. GP FOR REVENUE 4. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8600 OF 2024 ORDER: 1. The petitioner had been awarded the contract of work(s) under the subject scheme in East Godavari District. After execution of the said contract, a final bill was prepared for a sum of Rs.3,79,486/- 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 the aforesaid sum of money, 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 dated 04.12.2024 submitted by the Executive Engineer, PRI Division, Rajamahendravaram, wherein, it is stated that since the budget was not released by the Government, the bills were not paid to the petitioner. Soon after release of the budget by the Government, the bills 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.3,79,486/- 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, 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 18.08.2025 BSP 36 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8600 OF 2024 18.08.2025 BSP