APHC010287592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14630/2025 Between: 1. BEETHINEEDI SURYANARAYANA,, S/O. SUBBARAO, AGED ABOUT 69 YEARS, R/O. D.NO.1-156, NEAR KANAKADURGA TEMPLE, RAZOLE, DR BR AMBDEKAR KONASEEMA DISTRICT- 533 242. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH REP, BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, THULLUR MANDAL, GUNTUR DISTRICT. 2. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI AMARAVATHI, THULLUR MANDAL, GUNTUR DISTRICT. 3. THE DIRECTOR OF WORKS AND ACCOUNT OFFICER, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA DISTRICT. 4. THE DISTRICT COLLECTOR, R.W.S AND .S, DR. B.R. AMBEDKAR KONASEESMA DISTRICT, AMALAPURAM. 5. THE COMMISSIONER, ,R.W.S.AND S, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, OFFICE AT NAKKAL ROAD, SURYARAO PETA, VIJAYAWADA. 6. THE EXECUTIVE ENGINEER, R.W.S AND S, DIVISION, 2 AMALAPAURAM, DR. B.R. AMBEDKAR KONASEESMA DISTRICT. 7. THE DEPUTY EXECUTIVE ENGINEER, R.W.S AND S, SUB- DIVISION, RAZOLE, DR. B.R. AMBEDKAR KONASEESMA 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 a Writ, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate writ or direction declaring the action of the respondents in not releasing the total due payments of Rs.13,34,775/- even after finalizing the bills, payable to the petitioner in relation to the work i.e., i) Tender No. 122/2023-24, Dt10.08.2023 vide M.Book.No. 372A/22-23, for Formation of CC Drains from Union Bank to Kanakadurga Temple in Razole (V) of Razole Mandal above (01) works was sanction under Gadapa Gadapaku Mana Prabhutvam (GGMP) for, total pending bills amount of Rs.13,34,775/- is due for above (01) works was sanction under Gadapa Gadapaku Mana Prabhutvam (GGMP) Grant in Amalapuram, Dr.B.R.Ambedkar Konaseema District under Rural Water Supply and Sanitation Department through the Agreements ,as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to release the pending bills total amount of Rs.13,34,775/- with interest at 18 percent for the pending bills forthwith for the above said works executed by the petitioner 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 may be pleased to direct respondents to consider for pending bills of Rs.13,34,775/- with interest @ 18 % for the works executed by the petitioner for the various works under Gadapa Gadapaku Mana Prabhutvam (GGMP) Grant, in Amalapuram, Dr. B.R.Ambedkar Konaseema District under Rural Water Supply and Sanitation Department through the Agreements forthwith, pending disposal of the main Writ Petition and pass 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: 14630/2025 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.13,34,775/- 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.12,14,491/- 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 Executive Engineer, RWS&S Division, Amalapuram, dated 18.07.2025, wherein, it is admitted that the petitioner is entitled for an amount of Rs.12,14,491/-. It is further stated that bill is waiting 5 for fund clearance. Soon after release of the funds, the amount 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.12,14,491/- 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 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 2211..0077..22002255 TTPPSS 6 355 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14630 OF 2025 2211..0077..22002255 TTPPSS