::1:: APHC010265412024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13348/2024 Between: 1. MULAKALA VENKATA SUNILBABU, S/O OMKARAM, AGED ABOUT 33 YEARS, R/O PANDILLAPALLI VILLAGE, VETAPALEM MANDAL BAPTIA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT, A.P SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, A.P SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, BAPATIA, BAPATIA DISTRICT. 4. THE EXECUTIVE ENGINEER, PANCHAYATI RAJ DEPARTMENT, P R I AND PIU DIVISION , BAPATIA, ::2:: BAPATIA DISTRICT. 5. THE DY EXECUTIVE ENGINEER, PRI SUB DIVISION, CHIRALA, BAPATIA 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 topleased to issue a writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not paying the admitted due amount of Rs. 9,99,976/-Nine Lakh Ninety Nine Thousand Nine Hundred Seventy Six Only) to petitioner herein in relation to Two contract Works executed for 4th respondent by the petitioner herein, under agreement and Bearing Nos /2022-23 and Slip No. 1/2023-24 Dt. 21-08-2023 and nil-02-2024, /2022- 23 and Slip No. 1/2023-24 Dt. 25-07-2023 and 31-01- 2024despite lapse of more than one years, even after finalizing the bills, as illegal, arbitrary, unconstitutional and consequently direct the respondents herein to immediately pay the admitted due amount of 9,99,976/-(Nine Lakh Ninety Nine Thousand Nine Hundred Seventy Six )to petitioner herein in relation to Two Contract Work executed for 4th respondent by the petitioner herein, under agreement Bearing /2022-23 and Slip No. 1/2023- 24 Dt. 21-08-2023 and nil-02-2024,12022-23 and Slip No. 1/2023- 24 Dt. 25-07-2023 and 31-01-2024and to pass Counsel for the Petitioner: 1. KODE RAMESH BABU Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. GP FOR FINANCE PLANNING ::3:: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13348 of 2024 This Court made the following ORDER: The petitioner had been awarded the contract of work(s) under the subject scheme in Bapatla District. After execution of the said contract, a final bill was prepared for a sum of Rs.9,99,976/- 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.8,57,161/- after statutory deductions 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 ::4:: 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, PR Division, Bapatla, dated 16.04.2025, wherein, it is admitted that the petitioner is entitled for an amount of Rs.8,57,161/-. It is further stated that uploading of bills to the PAO is under progress. Soon after the bills were uploaded, the bill amount entitled by 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.8,57,161/- 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 ::5:: 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 14.08.2025 KRK ::6:: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA 111 WRIT PETITION NO: 13348 OF 2024 14.08.2025 krk