APHC010200582025 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: 10268/2025 Between: 1. BNR CONSTRUCTIONS, IT'S REP BY PROP.B.NARAYANA REDDY, D.NO.20.2.628/D/48, MARUTI NAGAR, KORLAKUNTA, TIRUPATI,TIRUPATI DT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY PANCHAYATHRAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY RWS AND S (RURAL WATER SUPPLY AND SANITATION DEPARTMENT). SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY ( FINANCE DEPARTMENT) SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, KRISHNA DISTRICT. 4. THE ENGINEERINCHIEF RWS ANDS, (RURAL WATER SUPPLY AND SANITATION DEPARTMENT) VIJAYAWADA CHITTOOR DISTRICT. 5. THE SUPERINTENDENT ENGINEER, RWS AND S(RURAL WATER SUPPLY AND SANITATION DEPARTMENT), CHITTOOR, CHITTOOR DISTRICT. 6. THE EXECUTIVE ENGINEER, RWS AND S(RURAL WATER SUPPLY AND SANITATION DEPARTMENT), CHITTOOR CENTRAL 2 DIVISION,CHITTOOR, CHITTOOR DISTRICT. 7. THE CHAIRMAN, COMPREHENSIVE FINANCIAL MANAGEMENT SYSTEM ( CFMS ) STATE OF ANDHRA PRADESH, IBRAHIMPATNAM, VIJAYAWADA. 8. THE DISTRICT COLLECTOR CHITTOOR, CHITTOOR 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 Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not releasing and not crediting the amounts even after finalizing the bills, payable to the petitioner in relation to the execution of works under the Gov. of AP Rural water supply and Sanitation Department agt No. 53/2023-24 dt 04-01-2024 vide MBook No. 9674B for the amount of Rs. 9,89,534/- (Nine lacks eighty nine thousand five hundred thirty four rupees only) along with 24per interest as illegal, arbitrary, vioiation of Principles of Natural Justice, Violation of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the Official Respondents to pay an amount due to the petitioner in respect of execution of afore mentioned works forthwith and pass The Court made the following: 3 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10268/2025 ORDER: 1. The petitioner had been awarded the contract of work(s) under the subject scheme in Chittoor District. After execution of the said contract, a final bill was prepared for a sum of Rs.9,89,534/- 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.8,65,244/- 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, RWS & S Division, Chittoor dated 09.08.2025, wherein, it is admitted that the petitioner is entitled for an amount of Rs.8,65,244/-. It is further stated that soon after release of the budget, amount will be paid to the petitioner. 4 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.8,65,244/- 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 1111..0088..22002255 kkllkk 5 213 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10268 OF 2025 1111..0088..22002255 kkllkk 6