APHC010199862019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8688/2019 Between: 1. VISWANADHA FOUNDATION, (NON PROFITABLE TRUST) S3-B4, PRASANTHI NILAYAM, PUTTAPARTHI, ANANTHAPUR DISTRICT. REP. BY ITS EXECUTIVE DIRECTOR, T. SREE KRISHNA, S/O. SADASIVA RAO, AGED 58 YEARS, R/O. D BLOCK, SSSIHMS HOSPITAL, PRASANTHI GRAM, PUTTAPARTHI, ANANTHAPUR DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY PANCHAYAT RAJ AND RURAL DEVELOPMENT (IHHTS) SECRETARIAT BUILDINGS, AMARAVATHI, THULLUR MANDAL, GUNTUR DISTRICT. 2. SWACHHA ANDHRA CORPORATION, MA 86 UD DEVELOPMENT, 502, VIJAYA LAKSHMI RESIDENCY, BESIDE GOVT. HOSPITAL, EST HOSPITAL ROAD, GUNADALA, VIJAYAWADA. REP BY ITS THE MANAGING DIRECTOR 3. AANTHAPUR ZILLA PRAJA PARISHAD, , GULZARPET, ANANTHAPUR, ANANTHAPUR DISTRICT. REPRESENTED BY ITS 2 CHIEF EXECUTIVE OFFICER 4. THE SUPERINTENDENT ENGINEER, RWS 86S, BESIDE ANANTHAPUR COLLECTORATE OFFICE, ANANTHAPUR, ANANTHAPUR DISTRICT. 5. THE MANDAL PARISHAD DEVELOPMENT OFFICER, OFFICE OF MPDO, LEPAKSHI MANDAL, ANANTHAPUR DISTRICT. 6. THE MANDAL PARISHAD DEVELOPMENT OFFICER, OFFICE OF MPDO, AGALI MANDAL, ANANTHAPUR DISTRICT. 7. THE MANDAL PARISHAD DEVELOPMENT OFFICER, OFFICE OF MPDO, ROLLA MANDAL, ANANTHAPUR DISTRICT. 8. THE MANDAL PARISHAD DEVELOPMENT OFFICER, OFFICE OF MPDO, MADAKASIRA MANDAL, ANANTHAPUR DISTRICT. 9. THE MANDAL PARISHAD DEVELOPMENT OFFICER, OFFICE OF MPDO, CK PALLI MANDAL, ANANTHAPUR DISTRICT 10. THE MANDAL PARISHAD DEVELOPMENT OFFICER, OFFICE OF MPDO, GORANTLA MANDAL, ANANTHAPUR 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 toto issue a Writ, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondent authorities not releasing Rs.11,16,000/- for 124 IHHTs constructed by the petitioner even though the phase II construction works were completed about six months ago by the petitioner Foundation as illegal, unconstitutional and consequently even though the phase II construction works completed by the petitioner foundation as illegal, unconstitutional and Violative of Art 14, 21 of Constitution of India and consequently declare that R1 and R2 shave to notify the time frame in which this inspection of IHHTS where the third phase is completed and consequential uploading into website of R2 i.e., SAC website is done and take steps to see that this schedule is adhered to strictly and pass 3 IA NO: 1 OF 2019 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 no 4 to get the IHHTs constructed by the petitioner inspected by his own technical staff within ten days and to complete the process of geo¬tagging and uploading to the R2 SAC web site, and pass Counsel for the Petitioner: 1. K S MURTHY Counsel for the Respondent(S): 1. G SESHADRI(SC FOR MPP ZPP) 2. GP FOR PANCHAYAT RAJ RURAL DEV (AP) 3. V VINOD K REDDY (SC FOR ZP MPDO GP) 4. GP FOR MUNCIPAL ADMN URBAN DEV The Court made the following: 4 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8688 OF 2019 ORDER: 1. The petitioner had been awarded the contract of work(s) under the subject scheme in Ananthapur District. After execution of the said contract, a final bill was prepared for a sum of Rs.11,16,000/- 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 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 28.08.2025 submitted by the respondents, wherein, 5 it is stated that the subject bills were under process and soon 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, though the respondents admitted that balance amount to be paid to the petitioner is Rs.11,70,000/-, since the petitioner has putforth his claim for Rs.11,16,000/-, this Court cannot go beyond the relief claimed, as such, this Writ Petition is disposed of with a direction to the respondents to release the amount of Rs.11,16,000/- 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 6 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 10.09.2025 BSP 7 251 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8688 OF 2019 10.09.2025 BSP