"if- APHC010170502025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA ^ WRIT PETITION NO: 8920 OF 2025 Between: Unnam Jayalakshmi, D/o. K. Sivareddy, aged 53 years, R/o. H.No.7-37-3, H. Kottala, Bethamcherla, H. Kottala, Kurnool, Andhra Pradesh - 518 598; ...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 and 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 Engineer-in-Chief/Chief Engineer, Panchayat Raj Department, Bandar Road 0pp. PWD Grounds, Vijayawada, Andhra Pradesh. 7. The Superintending Engineer, Panchayat Raj Circle, Kurnool, Kurnool District. -" 8. The Executive Engineer, Panchayat Raj (PRI) Division Kurnool District. 9. The Deputy Executive Engineer, PRI Sub-Division,Dhone. 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 - 521 456. 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 H Kottala Village Panchayat, Rep. by Panchayat Secretary, Betamcherla Mandal, Kurnool District. Kurnool, ...Respondents 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 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.1,33,962/- i.e.. Part B and Final Bill Payment of an amount of Rs.1,10,283/- as covered under Measurement Book Number 3181A along with Withheld Amount (WHA), Earnest Money Deposit (EMD) and Security Deposit of total Part A and Part B amount of Rs.23,679/- as covered under Measurement Book Numbers 21110 and 3181A with interest till date for the work executed by the petitioner under the scheme of MGNREGS and SDF Funds under ICS (APIP) Convergence Grant pertaining to “Construction of AWC Building at H.Kottala Village, Betamcherla Mandal” in pursuance of Administrative Sanction vide Proceedings Rc.No.D11/27/MGNREGS/2016 dated 03.07.2016 with Agreement No. 16-17 dated 11.04.2017 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.1,33,962/- with interest. lA 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 to direct the Respondent Authorities to release and pay the undisputed Total Final Bill amount of Rs.1,33,9627- to the petitioner forthwith for the work executed by the petitioner under the scheme of MGNREGS and SDF Funds under ICS (APIP) Convergence Grant pertaining to “Construction of AWC Building at H.Kottala Village, Betamcherla Mandal Administrative Sanction vide Proceedings Rc.No.D11/27/MGNREGS/20 16 dated 03.07.2016 with Agreement No. 16-17 dated 11.04.2017 covered under Measurement Book Numbers 2777C and 3181A pending disposal of the main writ petition. in pursuance of Counsel for the Petitioner: SRI RAMESH BABU TATAPUDI Counsel for the Respondent nos. 1,4 to 10: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent Nos. 2, 3,11 to 13: GP FOR FINANCE & PLANNING Counsel for the Respondent No.14: SRI M SUDHIR (SC FOR ZPPS, MPPS &GP) The Court made the following order: APHC010170502025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0BB [3329] 0; MONDAY,THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8920/2025 Between: 1.UNNAM JAYALAKSHMI, D/0. K. SIVAREDDY, AGED 53 YEARS, R/0. H.NO.7-37-3, H. KOTTALA, BETHAMCHERLA, H. KOTTALA, KURNOOL, ANDHRA PRADESH - 518 598. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. A.P. SECRETARIAT, 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. FINANCE AND PLANNING 3. THE CHIEF FINANCE OFFICER, MGNREGS, AND RURAL DEVELOPMENT DEPARTMENT EMPIRE ROAD, TADEPALLI, GUNTUR DISTRICT. PANCHAYAT RAJ NO. 12-47, PVS 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. w ENGINEER, PANCHAYAT RAJ PWD GROUNDS, 6. THE ENGINEERINCHIEF/CHIEF department, bandar road VIJAYAWADA, ANDHRA PRADESH. SUPERINTENDING ENGINEER, PANCHAYAT RAJ CIRCLE, KURNOOL. KURNOOL DISTRICT. OPP. 7. THE 8. THE EXECUTIVE engineer, PANCHAYAT RAJ (PRl) DIVISION, KURNOOL, KURNOOL DISTRICT. deputy executive engineer, PRl SUB-DIVISION,DHONE. ASSISTANT ENGINEER, PANCHAYAT RAJ, BETHAMCHERLA 9. THE 10.THE KURNOOL DISTRICT. DIRECTORATE OF WORKS AND ACCOUNTS, REP. BY ITS OF WORKS AND ACCOUNTS, 3RD FLOOR, C BLOCK, IBRAHIMPATNAM, VIJAYAWADA, NTR 11.THE DIRECTOR anjaneya towers. DISTRICT - 521 456. 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. KOTTALA VILLAGE PANCHAYAT, REP. BY PANCHAYAT SECRETARY, BETAMCHERLA MANDAL, KURNOOL DISTRICT. ...RESPONDENT(S): under Article 226 of the Constitution of India praying that in the Petition _ 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.1,33,962/- i.e.. KOTTALA VILLAGE PANCHAYAT, REP. BY PANCHAYAT SECRETARY, BETAMCHERLA MANDAL, KURNOOL DISTRICT. ...RESPONDENT(S): under Article 226 of the Constitution of India praying that in the Petition _ 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.1,33,962/- i.e.. Part B and Final Bill Payment of an amount of Rs.1,10,283/- as covered under Measurement Book Number 3181A along ^ o -4 Withheld Amount (WHA), Earnest Money Deposit (EMD) and Security - A and Part B amount of Rs.23,679/- as covered under Book Numbers 2777C and 3181A with interest till date for the with Deposit of total Part Measurement 1— executed by the petitioner under the scheme of MGNREGS and SDF under ICS (APIP) Convergence Grant pertaining to Construction of work Funds 3 AWC Building at H.Kottala Village, Betamcherla Mandal in pursuance of Administrative Sanction vide Proceedings Rc.No.D11/27/MGNREGS/20 16 dated 03.07.2016 with Agreement No. 16-17 dated 11.04.2017 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.1,33,962/- with interest and to pass lA 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 Fligh Court may be pleased pleased to direct the Respondent Authorities to release and pay the undisputed Total Final Bill amount of Rs.1,33,962/- to the petitioner forthwith for the work executed by the petitioner under the scheme of MGNREGS and SDF Funds under ICS (APIP) Convergence Grant pertaining to “Construction of AWC Building at FI.Kottala Village, Betamcherla Mandal” in pursuance of Administrative Sanction vide Proceedings Rc.No.D11/27/MGNREGS/20 16 dated 03.07.2016 with Agreement No. 16-17 dated 11.04.2017 covered under Measurement Book Numbers 2777C and 3181A 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 The Court made the following: 4 HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PFTITION NO: 8920 OF 2025 THE ORDER: This writ petition under Article 226 of Constitution of India is filed to 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. 1. issue 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. 2. 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. 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 4. 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. 5. 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 her claim for differential amount and 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. t 8. With the above directions, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, Petition shalt stand closed. if any, pending in this Writ Sd/- V.piWAKAR TRAR //TRUE COPY// DEPUTY SECTION OFFICER To. 1. The Principal Secretary to Government, Development Department, Guntur District. Panchayat Raj and Rural A.P. Secretariat. Velagapudi, Amaravati, 2. The Principal Secretary Department, A.P. Secretariat, 3. The Chief Finance to Government, Finance and Planning Velagapudi, Amaravati, Guntur District Officer, MGNREGS, Panchayat Raj and Rural No. 12-47, PVS Empire Road, Development Department Tadepalli, Guntur District. 5 Th. o- V .!! Guntur District . he D^tnct Collector, Panchayat Raj Wing Kurnoo, District, I d Engineer, Panchayat Raj Bandar Road Opp. PWD Grounds, 7. The Superintending Engineer, District. 8. The Executive Kurnool District. Department, Vijayawada, Andhra Pradesh. Panchayat Raj Circle, Kurnool, Kurnool Engineer, Panchayat Raj (PRi) Division, Kurnool, 9. The Deputy Executive Engineer, 10. The Assistant Engineer, 11. The Director PRI Sub-Division, Dhone. of w h B®thamcherla Kurnool District, o Works and Accounts, Directorate of Works Anjaneya Towers, Accounts, 3rd Floor, i Vijayawada, NTR District 12. The Pay and Accounts Manasa Complex, and Ibrahimpatnam, C Block, -521 456. Officer, Works and Accounts, Rama Mandiram Street, D.No. 29-2-52, Governorpet. Vijayawada, Krishna District. 13. The Pay and Accounts Officer, Works and Projects, Kurnool District, Andhra Pradesh. 14. The Panchayat Secretary, H Kottala Village Panchayat, Betamcherla Mandal, Kurnool District. ^ 15. One CC to Sri Ramesh Babu Tatapudi, Advocate [OPUC] 16. One CC to Sri M Sudhir (SC for ZPPS, MPPS & GP), Advocate [OPUC] 17. Two CCs to GP for Panchayat Raj & Rural Dev, High Court of Andhra Pradesh [OUT] 18. Two CCs to GP for Finance & Planning, High Court of Andhra Pradesh [OUT] 19. Two CD Copies TF HIGH COURT DATED:11/08/2025 ORDER WP NO. 8920 OF 2025 .0>^ ^V3 m! s{ OC SEP 2025 oa' *^^^sCiifrent SwtioflX^^ DISPOSING OF THE W.P., WITHOUT COSTS