APHC010228922025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12094/2025 Between: 1. G VEERABABU, S/O KRISHNA, AGED ABOUT 48 YEARS R/O, D.NO 12-210 SETHA NAGARAM, JAGGAMPETA, MANDAL,KAKINADA. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARVATHI. 2. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT GOVT.OF ANDHRA PRADESH, TADEPALLI, AMARAVATHI. 3. THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT, RAJAMAHENDRAVARAM. 4. THE EXECUTIVE ENGINEER, PANCHAYAT RAJ DIVISION RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT 5. THE STATE OF ANDHRA PRADESH, , REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI AMARVATHI. 6. THE GRAMA PANCHAYAT, REP. BY ITS SECRETARY, JAGGAMPETAVILLAGE, JAGGAMPETA MANDAL, KAKINADA DISTRICT ( EARLIER EAST GODAVARI DISTRICT) 7. THE MANDAL PARISHAD DEVELOPMENT OFFICER/ PROGRAM OFFICER, MGNREGS JAGGAMPETA MANDAL KAKINADA DISTRICT ( EARLIER EAST GODAVARI DISTRICT). 8. THE PROJECT DIRECTOR, DWMA AND ADDITIONAL DPC, MGNREGS, KAKINADA DISTRICT, KAKINADA 9. UNION OF INDIA, REP.BY ITS SECRETARY PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, CENTRAL SECRETARIAT SASHTRI BHAVAN, NEW DELHI. ...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 to declaring the action on the part of the respondents herein not releasing the bill amount worth of Rs. 6,37,265/- with interest under the MGNREGS Scheme even after the completion of the vigilence enquiery dated 28-11-2023 as illegal arbitrary and violative of article 14 and 21 of Constitution of India and consequentially to direct the respondents to release the bill amount worth of Rs. 6,37,265/- with interest under the MGNREGS Scheme to the petitioner forthwith and to 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 release the bill amount worth of Rs. 6,37,265/- with interest under the MGNREGS Scheme to the petitioner forthwith pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. SAMEERA BOKKA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12094 OF 2025 ORDER: 1. The petitioner had been awarded the contract of work(s) under the subject scheme in East Godavari District. After execution of the said contract, a final bill was prepared for a sum of Rs.6,37,265/- 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 17.07.2025 issued by respondent No.4, wherein, it is stated that due to vigilance enquiry, FTOs granted were cancelled. Soon after permission accorded by the Government, the amount due to the petitioner 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, this Writ Petition is disposed of with a direction to the respondents to release the amount of Rs.6,37,265/- 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 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 18.07.2025 BSP 381 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12094 OF 2025 18.07.2025 BSP