APHC010172482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9736/2025 Between: 1. JADDU RADHA KRISHNA, S/O NAGESHWARA RAO, AGED ABOUT 48 YEARS, R/O D/NO-2/30, GOLLAPALEM, NELAKURRU, POICHINNAPURAM, KRISHNADISTRICT. 521001. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, KRISHNA DISTRICT. 4. THE EXECUTIVE ENGINEER, P.R.I DIVISION, MACHILIPATNAM, KRISHNA DISTRICT. 5. THE DEPUTY EXECUTIVE ENGINEER, P.R.I SUB-DIVISION, MACHILIPATNAM, MACHILIPATNAM MANDAL, KRISHNA DISIRICT. 6. THE ASSISTANT EXECUTIVE ENGINEER, P.R.I SUB- DIVISION,MCMDAL PARSHAD, MACHILIPATNAM, MACHILIPATNAM MANDAL, KRISHNA DISTRICT. ...RESPONDENT(S): 2 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 OF MANDAMUS declaring action of the respondents in non-payment of amount due even after finalizing the bills, payable to the petitioner after the successful completion of the execution of 6 works for grant of Gadapa Gadapaku Mana Prabhutwam i.e., Construction of CC Road from Kancharla Venn House to Gollapati Prakash Fo House in Harijanawada H/o of Chinnapuram Panchayathi, Chinnapuram Village, Machilipatnam Mandal, Krishna District. Under Vide Agreement No. 20-02- 2024 for estimated cost of /2023-2024 Dated Rs. 1,98,000/-. 2. Construction of CC Road from Mothukuri Sambaiah to Goriparthi Raghavulu House in Yanadi Colony H/o Chinnapuram Panchayat, Chinnapuram Village, Machilipatnam Mandal, Krishna District. Under Vide Agreement No. 2023- 2024 Dated 21.02.2024 for estimated cost of Rs.2,75,000/-. 3. Construction of CC Road from Murugudu Ramesh house to Motukuru Sambaiah House in Yanadi colony H/o Chinnapuram Panchayat, Chinnapuram Village, Machilipatnam Mandal, Krishna District. Under Vide Agreement No. 2023- 2024 Dated 21-02- 2024 for estimated cost of Rjs.2.75.000/ Construetion of CC Road from BC Boys hostel to Devarapalli Suiyanarayana House in Yandi Colony H/o Chinnapuram Panehayat, Chinnapuram Village, Maehilipatnam Mandal, Krishna District. Under Vide Agreement No. /2023-2024 Dated 21- 02- /2023-2024 Dated 21-02- 2024 for estimated eost of Rs.3,85,000/- 6. Construction of CC Road from Madem Srinivasa Rao house to Kagitha Naga Raju House in Chinnapuram Panehayat, Chinnapuram Village, Maehilipatnam Mandal, Krishna District. Under Vide Agreement No. /2023- 2024 Dated 21-02-2024 for estimated cost of Rs.3,64,000/-. respectively for Gadapa Gadapaku Mana Prabhutvam programme and for consequential direction seeking direetion to the respondents to release the final bill amounts forthwith along with the interest and G.S.T payable to the petitioner on the principal amount 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 pay the amounts of l).Rs. 1,60,257/-, 2).Rs.2,25,402/-, 3).Rs.2,19,989/- 4).Rs.2,00,181/- 5).Rs.3,80,408/-, 6).Rs.3,00,649/- Total=Rs. 14,86,886/- payable to the petitioner for the works i.e.. payable to the petitioner after the successful completion of the execution of 6 works i.e., : 1. Construction of CC Road from Kancharla Venn House to Gollapati Prakash Rao House in Harijanawada H/o of Chirmapuram 3 Panchayathl, Chinnapurarn Village, Machilipatnam Mandal, Krishna District. Under Vide Agreement No. /2023-2024 Dated 20-02-2024 for estimated cost of Rs. 1,98,000/-. 2. Construction of CC Road from Mothukuri Sambaiah to Goriparthi Raghavulu House in Yanadi Colony H/o Chinnapurarn Panchayat, Chinnapurarn Village, Machilipatnam Mandal, Krishna District. Under Vide Agreement No. estimated cost of Rs.2,75,000/-. 3. Construction of CC Road from Murugudu Ramesh house to Motukuru Sambaiah House in Yanadi colony H/o Chinnapurarn Panchayat, Chinnapurarn Village, Machilipatnam Mandal, Krishna /2023-2024 Dated 21.02.2024 for District. Under Vide Agreement No. /2023-2024 Dated 21-02- 2024 for estimated cost of Rs.2.75.000/- 4. Construction of CC Road from Suragani Venkateswara Rao house to Ede Dhanaiah House in Venkatapuram H/o Chinnapuram Panchayat, Chinnapuram Village, Machilipatnam Mandal, Krishna District. Under Vide Agreement No. /2023-2024 Dated 21-02- 2024 for estimated cost of Rs.2,10,000/- 5. Construction of CC Road from BC Boys hostel to Devarapalli Suryanarayana House in Yandi Colony H/o Chinnapuram Panehayat, Chinnapuram Village, Machilipatnam Mandal, Krishna District. Under Vide Agreement No. /2023-2024 Dated 21-02- 2024 for estimated cost of Rs.3,85,000/- 6. Construction of CC Road from Madem Srinivasa Rao house to Kagitha Naga Raju House in Chinnapuram Panchayat, Chinnapuram Village, Machilipatnam Mandal, Krishna District. Under Vide Agreement No. /2023-2024 Dated 21-02-2024 for estimated cost of Rs.3,64,000/-. respectively for “Gadapa Gadapaku Mana Prabhutvam” programme immediately, with an interest @24% per annum for the delayed amount to the petitioner, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. VARDHINEEDI SAI KIRAN Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING The Court made the following: 4 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9736/2025 ORDER: 1. The petitioner had been awarded the contract of work(s) under the subject scheme in Krishna District. After execution of the said contract, a final bill was prepared for a sum of Rs.14,86,886/- 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.13,94,704/- 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, PRI Division, Machilipatnam dated 16.07.2025, wherein, it is admitted that the petitioner is entitled for an amount of Rs.13,94,704/-. It is further stated that due to insufficient budget, the amount was not paid. Soon after release of the budget, the bill amount entitled by the petitioner will be paid to the petitioner. 5 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.13,94,704/- 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 three (03) 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 17.07.2025 BSP 6 355 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 9736 OF 2025 17.07.2025 BSP