APHC010287692025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15030/2025 Between: 1. JAMPANA SRINIVASARAJU,, S/O. NARAYANARAJU, AGED 55 YEARS, OCC- CONTRACTOR, R/0 D.NO.3-131, SUVARNAGUNDAM CHERUVUGATTU, NEAR GEETHAMANDIRAM, GANAPAVARAM VILLAGE AND MANDALAM, WEST GODAVARI DISTRICT- 534 198. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT FINNANCE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT. 3. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, OFFICE AT NAKKAL ROAD, SURYARAO PETA, VIJAYAWADA. 4. THE DISTRICT COLLECTOR, (PANCHAYAT RAJ WING) WEST GODAVARI DISTRICT AT BHIMAVARAM. 5. THE EXECUTIVE ENGINEER, P.R.I. DIVISION, BHIMAVARAM, WEST GODAVARI DISTRICT. 6. THE MANDAL ENGINEERING OFFICER, MANDAL PRAJA PARISHAD, GANAPAVARAM MANDAL WEST GODAVARI 2 DISTRICT. 7. THE GANAPAVARAM GRAM PANCHAYAT, REP. BY ITS SECRETARY, GANAPAVARAM MANDAL, WEST GODAVARI DISTRICT. 8. THE SARIPALII GRAM PANCHAYAT, REP. BY ITS SECRETARY GANAPAVARAM MANDAL, WEST GODAVARI DISTRICT. 9. THE DIRECTOR, M.G.N.R.E.G SCHEME, MINISTRY OF RURAL DEVELOPMENT, GOVERNMENT OF INDIA, KRUSHI BHAVAN, NEW DELHI. 10. THE PROJECT DIRECTOR, DISTRICT WATER MANAGEMENT AGENCY, BHIMAVARAM, WEST GODAVARI 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 tomay be pleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamusto to declare the action of the respondents not releasing the admitted total bill Amount of Rs. 5,55,708/- 1) Rs.3,29,162/- vide M Book No. 636/B/MGNREGS/2017-18, 2) Rs.2,65,460/- vide M Book No. 747/A/MGNREGS/2019-20, for the material cost and the labour supplied by the petitioner In a villages under convergence funds in Narsapur Mandal in West Godavari District and consequently direct the respondents to release the total Pending amounts of Rs.5,55,708/-, 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 may be pleased to direct the respondents to release the Fund Transfer Orders for total Pending amount of Rs. 5,55,708/-, providing the construction of Grama Sachivalayam Buildings with in the village of Ganapavaram Mandal, West Godavari District., and to pas Counsel for the Petitioner: 1. ANNAMNEEDI BALAKRISHNA Counsel for the Respondent(S): 3 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING The Court made the following: 4 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15030/2025 ORDER: 1. The petitioner had been awarded the contract of work(s) under the subject scheme in West Godavari District. After execution of the said contract, a final bill was prepared for a sum of Rs.5,55,708/- 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 16.07.2025 submitted by the Executive Engineer, PR PIU Division, Bhimavaram, wherein, it is stated that there is no delay of submission of bill and amount is pending with MCC in MGREGS for want of 5 further permissions from Government. Soon after getting permission from the Government, the bill 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.5,55,708/- 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 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, 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 06.08.2025 BSP 6 64 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15030 OF 2025 06.08.2025 BSP