APHC010170422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8869/2025 Between: 1. MEDEPALLI PRAKASH NADIU, S/O. M. LAKSHMANNA, AGED 55 YEARS, R/O. 2-208/8, NEARS.B.I., BETHAMCHERLA, KURNOOL, ANDHRA PRADESH - 518 599. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE AND PLANNING DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE CHIEF FINANCE OFFICER, MGNREGS PANCHAYAT RAJ RURAL DEVELOPMENT DEPARTMENT, NO. 12-47, PVS EMPIRE ROAD, TADEPALLI, GUNTUR DISTRICT. 4. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT OFFICE NO. 12-47, PVS EMPIRE ROAD, TADEPALLI, GUNTUR DISTRICT. 5. THE DISTRICT COLLECTOR, PANCHAYAT RAJ WING, KURNOOL DISTRICT. 6. THE ENGINEERINCHIEF/CHIEF ENGINEER, PANCHAYAT RAJ DEPARTMENT, BANDAR ROAD, 0PP. PWD GROUNDS, VIJAYAWADA, ANDHRA PRADESH. 7. THE EXECUTIVE ENGINEER, PANCHAYAT RAJ (PRI) DIVISION KURNOOL, KURNOOL DISTRICT. 8. THE DEPUTY EXECUTIVE ENGINEER, PRI SUB-DIVISION, DHONE. 9. THE ASSISTANT ENGINEER, PANCHAYAT RAJ, BETHAMCHERLA, KURNOOL DISTRICT. 10. THE ASSISTANT ENGINEER, PANCHAYAT RAJ, BETHAMCHERLA, KURNOOL DISTRICT. 11. THE DIRECTORATE OF WORKS AND ACCOUNTS, REP. BY ITS DIRECTOR OF WORKS AND ACCOUNTS, 3RD FLOOR, C BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM, VIJAYAWADA, NTR DISTRICT 12. THE PAY AND ACCOUNTS OFFICER, WORKS AND ACCOUNTS, D.NO. 29-2-52, MANASA COMPLEX, RAMA MANDIRAM STREET, GOVERNORPET, VIJAYAWADA, KRISHNA DISTRICT. 13. THE PAY AND ACCOUNTS OFFICER, WORKS AND PROJECTS KURNOOL DISTRICT, ANDHRA PRADESH. . 14. THE BETHAMCHERLA GRAMA PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, BETHAMCHERLA VILLAGE AND MANDAL, KURNOOL 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 a direction or order more particularly one in the nature of WRIT OF MANDAMUS declaring the action on the part of the Respondent Authorities herein in not releasing the Total Final Bill amount of Rs.5,53,858/-, i.e., a) Final Bill amount of Rs.1,68,540/- which includes Rs. 1,45,533/- as covered under Measurement Book Number 3871-A along with its Withheld Amount (WFIA), Earnest Money Deposit (EMD) and Security Deposit of Rs.23,007/- with interest till date for the work executed by the petitioner of d) Providing Pucca internal roads/streets including drainage system and culverts within a village under convergence funds at location from Golla Ramanjaneyulu (H) to Towards Shadikhana other streets at Betamcherla (V M) and b) Final Bill amount of Rs.3,85,318/- which includes Rs.3,39,471/- as covered under Measurement Book Number 3906-A along with its Withheld Amount (WHA), Earnest Money Deposit (EMD) and Security Deposit of Rs.45,847/- with interest till date for the work executed by the petitioner of Providing Pucca internal roads/streets including drainage system within a village under convergence funds at location from B road to seven hills Naga Raju (H) other streets at Bethamcherla (V M) both under the scheme of MPLADS and MGNREGS Funds of Administrative Sanctionin pursuance vide Proceedings vide Progs.No.337/MPLADS/NDL/16th LS/Dy.SO(2)/2019 dated 21.02.2019 with Agreement No. 18-19 dated 27.02.2019 and thereby causing heavy loss of interest even though total work was completed within stipulated time at the utmost satisfaction of the Respondent Authorities, as illegal, arbitrary, violation of principles of natural justice and unconstitutional and consequently direct the Respondent Authorities to release and pay the said Total Final Bill amount of Rs.5,53,858/- with interest and to 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 Respondent Authorities to release and pay the undisputed Total Final Bill amount of Rs.5,53,858/- to the petitioner forthwith for the work executed by the petitioner under the scheme of MPLADS and MGNREGS Funds pertaining to a) Providing Pucca internal roads/streets including drainage system and culverts within a village under convergence funds at location from Golla Ramanjaneyulu (H) to Towards Shadikhana & other streets at Betamcherla (V&M) and b) Providing Pucca internal roads/streets including drainage system within a village under convergence funds at location from R&B road to seven hills Naga Raju (H) & other streets at Bethamcherla (V&M) in pursuance of Administrative Sanction vide Proceedings vide Progs.No.337/MPLADS/NDL/16th LS/Dy.SO(2)/2019 dated 21.02.2019 with Agreement No. 18-19 Dt.27.02.2019 covered under Measurement Book Numbers 3871-A and 3906-A pending disposal of the main writ petition and to pass Counsel for the Petitioner: 1. RAMESH BABU TATAPUDI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8869 OF 2025 ORDER: 1. This writ petition under Article 226 of Constitution of India is filed to issue Writ of Mandamus, declaring the action of respondents in not paying the withheld amounts and other deposits, payable to the petitioner in relation to the execution of work under the subject scheme, as illegal, arbitrary and contrary to the principles of natural justice. 2. It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled for payment of the withheld amounts along with other deposits, 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 16.07.2025 submitted by the Executive Engineer, PR (PIU) Division, Kurnool, 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 clear the admitted amount payable 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. 7. It is made clear that, in pursuance of the above direction, after making payment of the admitted amount (along with interest) to the petitioner, the amount withheld under Deposits (EMD/FSD etc) shall also be released to the petitioner without attracting any interest, since the default defect liability period is already completed as stipulated in the Agreement. 8. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. _____________________________________ VENKATESWARLU NIMMAGADDA,J 11.08.2025 BSP 198 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8869 OF 2025 11.08.2025 BSP