1 NV,J W.P.No.13255 of 2024 APHC010266612024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13255/2024 Between: 1. Y SUDHAKARA RAO,, S/O. KANAKAIAH, AGED ABOUT 47 YEARS, OCC CULTIVATOR, R/O. 5-1 LOA, PANDILLA PALLI, VETAPALEM (M), PRAKASAM DISTRICT, PINCODE 523184 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GIMTUR DISTRICT. 3. THE DISTRICT COLLECTOR, BAPATLA, BAPATLA DISTRICT. 4. THE EXECUTIVE ENGINEER, PRL DIVISION, BAPATLA, BAPATLA DISTRICT. 5. THE DEPUTY EXECUTIVE ENGINEER, PRL SUB DIVISION, CHIRALA, BAPATLA DISTRICT. 6. THE PANCHAYAT SECRETARY, PANDILLIPALLI GRAM PANCHAYAT, VETAPALEM MANDAL, BAPATLA 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 2 NV,J W.P.No.13255 of 2024 pleased topleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in not releasing the payment of balance amounts as Rs.3,33,327/- vide M Book No. 526/B/2017- 18, even after finalizing the bills, payable to the petitioner in relation to the work i.e., Pucca internal roads/ streets including side drains and culverts with in a village under convergence funds Providing Internal CC Roads in Rajive SC Colony in Pandellapalli GP of Vetapalem Mandal, vide Work ID No. 087062404002080022 under SDF Convergence Grant is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of amounts of Rs.3,33,327/- vide M Book No. 526/B/2017-18 with interest @24percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned works forthwith IA NO: 1 OF 2024 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 please to direct the respondents to consider for payment of amount of Rs.3,33,327/- vide M Book No. 526/B/2017-18 with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. “Providing Internal CC Roads in Rajive SC Colony in Pandellapalli GP of Vetapalem Mandal”, vide Work ID No. 087062404002080022 under SDF Convergence Grant, forthwith, pending disposal of the Writ Petition Counsel for the Petitioner: 1. BATHALA RAMESH Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. G VENKAT REDDY 3. GP FOR FINANCE PLANNING The Court made the following: 3 NV,J W.P.No.13255 of 2024 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13255 OF 2024 ORDER: 1. The petitioner had been awarded the contract of work(s) under the subject scheme in Guntur District. After execution of the said contract, a final bill was prepared for an amount of Rs.3,33,327/- 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 submitted by the Deputy Executive Engineer, PRI Sub Division, Chirala dated 09.07.20242025, admitting an amount of Rs.3,29,241/- 4 NV,J W.P.No.13255 of 2024 payable to the petitioner and submits that, since the budget was not released by the Government, the bills were not paid 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 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.3,29,241/- to the petitioner, within a period of two (02) months from the date of receipt of a copy of this order. 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. 7. It is left open to the petitioner to agitate his claim for either differential amount or 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.13255 of 2024 8. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. _____________________________________ VENKATESWARLU NIMMAGADDA,J 13.08.2025 SP 6 NV,J W.P.No.13255 of 2024 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13255 OF 2024 13.08.2025 W SP