APHC010228942025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12176/2025 Between: 1. SATYA CONSTRUCTIONS MULKIPURAM, REP. BY ITS PROPRIETOR MR. PEDDI REDDY NARASIMHA RAO, S/O SATYANARAYANA AGED ABOUT 39 YEARS OCC CONTRACOR, R/O D.NO 3-83 PADAMATAPALEM VILLAGE, MALKIPURAM MADAL, DR. B.R.AMBEDKAR KONASEEMA DIST. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARVATHI. 2. THE DISTRICT COLLECTOR, DR. B.R.AMBEDKAR KONASEEMA, DIST. AMALAPURAM (EARLIER EAST GODAVARI DISTRICT) 3. THE CHIEF EXECUTIVE OFFICER ZILLA PARISHAT, KAKINADA, KAKINADA DISTRICT (EARLIER EAST GODAVARI DISTRICT) 4. THE EXECUTIVE ENGINEER PR DIVISION, . AMALAPURAM, DR. B.R.AMBEDKAR KONASEEMA. DIST. 5. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE PLANNING DEPARTMENT, SECRETARIAT 2 NV,J W.P.No.12176 of 2025 BUILDINGS, VELAGAPUDI, AMARVATHI ...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 pay the bill amounts worth of Rs.6,25,435/- with interest to the petitioner under the grant of PMAGY/2020-21 for execution of CC road in and Vannechintalapudi Village of Amalapuram mandal as illegal, arbitrary and violative of Article 14, 16 21 of the Constitution of India and consequentially direct the respondents to release and pay the amounts of worth of Rs.6,25,435/- with interest to the petitioner under grant of PMAGY/2020-21 forthwith, 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 release and pay the amounts of worth of Rs.6,25,435/- with interest to the petitioner under grant of PMAGY/2020-21 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 3 NV,J W.P.No.12176 of 2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12176 OF 2025 ORDER: 1. The petitioner had been awarded the contract of work(s) under subject scheme in East Godavari District. After execution of the said contract, a final bill was prepared for a sum of Rs.6,25,435/- 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 for Panchayat Raj placed on record the written instructions dated 05.07.2025 submitted by the Executive Engineer, P.R.Division, Amalapuram, which read as follows: “It is submitted that the payment Authority is Chief Executive Officer, ZPP, Kakinada. As per M.Book No.537A/2020-2021 vide 4 NV,J W.P.No.12176 of 2025 page No.12 an amount of Rs.6,25,435/- was paid M/s Satya Constructions on 16.10.2023 vide payment advice No.102331062524. In this regard, it is learnt that the said amount was paid to another firm i.e., M/s Satya Constructions, Yanam instead of M/ Satya Constructions, Malikapuram (petitioner) by the Chief Executive Officer, Zilla Praja Parishad, Kakinada (payment authority).” 5. In view of the facts and circumstances submitted in the affidavit, the directions of this Court and considering the instructions submitted by the learned Government Pleader, the Writ Petition is disposed of with a direction to the respondents to release the amount of Rs.6,25,435/- (Rupees six lakhs twenty five thousand four hundred and thirty five only) 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 five (05) 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. 5 NV,J W.P.No.12176 of 2025 7. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. _____________________________________ VENKATESWARLU NIMMAGADDA,J 31.07.2025 KGR 6 NV,J W.P.No.12176 of 2025 163 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12176 OF 2025 31.07.2025 KGR