::1:: APHC010212302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11035/2025 Between: 1. NARRAVULA KAMALAKAR REDDY, S/O N.SIDDA REDDY, AGED ABOUT 47 YEARS, OCC BUSINESS, RESIDENT OF KAMMOLLAPALLI H/O BANDAKINDAPALLI VILLAGE, ROMPICHERLA MANDAL, CHITTOOR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, RURAL WATER SUPPLY AND SANITATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE PLANNING, SECRETARIAT BUILDINGS, AMARAVATHI. 3. THE DEPUTY EXECUTIVE ENGINEER, RURAL WATER SUPPLY AND SANITATION, SUB DIVISION, SODUM, CHITTOOR DISTRICT 4. THE EXECUTIVE ENGINEER RURAL WATER SUPPLY AND SANITATION, SUB DIVISION, MADANAPALLI, ANNAMAYYA DISTRICT. 5. THE ASSISTANT ENGINEER, RURAL WATER SUPPLY AND SANITATION, ROMPICHERLA, ANNAMAYYA 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, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payment of Rs.95,825/- for deepening of existing Bore well at Ramireddigaripalli H/o Peddagottigallu of Rompicherla Mandal, Rs.95,167/- for deepening of existing Bore well at Bandakindapalli H/o Bandakindapalli of Rompicherla Mandal vide M.Book No.6270/C/19, Rs.1,10,801/- for deepening of existing Bore well at High School, Nadimpalli H/o Peddamallela of Rompicherla Mandal, Rs.72,187/- for deepening of existing Bore well at Palem Street H/o Rompicherla of Rompicherla Mandal. Rs.71,726/- for deepening of existing Bore well at Thoorpu Harijanawada H/o Peddagottigallu of Rompicherla Mandal vide M.Book No.6300/C/19 respectively total an amount of Rs.4,45,706/- (Rupees four lakhs forty five thousand seven hundred and six only) even after finalizing the bills payable to the petitioner is illegal, arbitrary and unconstitutional and consequently direct the respondents to consider for payment an amount of Rs.4,45,706/- (Rupees four lakhs forty five thousand seven hundred and six only) along with interest at the rate of 24 per annum for the delayed payment to the petitioner in respect of the above mentioned works forthwith and paSS Counsel for the Petitioner: 1. VUTUPALLI RAJANNA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING ::3:: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11035/2025 This Court made the following ORDER: The petitioner had been awarded the contract of work(s) for deepening of existing Bore well at Ramireddigaripalli, H/o Peddagottigallu of Rompicherla Mandal @ Rs.95,825/-, for deepening of existing Bore well at Bandakindapalli, H/o Bandakindapalli of Rompicherla Mandal @ Rs.95,167/-, for deepening of existing Bore well at High School, Nadimpalli, H/o Peddamallela of Rompicherla Mandal @ Rs.1,10,801/-, for deepening of existing Bore well at Palem Street, H/o Rompicherla of Rompicherla Mandal @ Rs.72,187/- and for deepening of existing Bore well at Thoorpu Harijanawada, H/o Peddagottigallu of Rompicherla Mandal @ Rs.71,726/- totaling an amount of Rs.4,45,706/-. After execution of the said contract, a final bill was prepared for a sum of Rs.4,45,706/- 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 ::4:: 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 for Revenue placed on record written instructions submitted by the Executive Engineer, RWS&s Division, Madanapalle, dated 15.07.2025 stating that the delay of payment occurred as the permission is not given for uploading the deepening bills in CFMS under the SDRF Head of Account, after obtaining the permission for the SDRF grant the bills are uploaded in RWS&S Division, Chittoor and make the payment 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 ::5:: 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.4,27,397/- 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, 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, 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. There shall be no order as to costs. 7. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA 17.07.2025 krk ::6:: THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA 327 WRIT PETITION NO: 11035/2025 17.07.2025 krk