APHC010288442025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT VENKATESWARLU NIMMAGADDA WRIT PETITION MQ: 14530 pp ^^9*; Hr the honourable SRI JUSTICE Between: B Vijaya Bhaskar Reddy, S/o. 50 Years, Occ Contractor, Mandal, Prakasam District B. Venkat Narayana Reddy, Aged about R/o. Regalagadda Village, Marripudi ...Petitioner AND 1. The State Of Andhra Pradesh Panchayat Raj Rural Department, Guntur District. fep. by its Principal Secretary, Secretariat, Velagapudi, Amaravati, 2. The State of Andhra Pradesh, '■ep. by its Principal Secretary, Finance , Amaravati, Guntur District. Zilla Praja Parishad, Ongole, Prakasam Department, Secretariat, Velagapudi 3. The Chief Executive Officer, District. 4. The Superintending Engineer, PRI Circle 5. The Executive Engineer, PRI Division, 6. The Deputy Executive Engineer, PR| Ongole, Prakasam District. Kandukur, SPSR Nellore District. Sub-Division, Kondapi, Prakasam District. 7. The Petiuru Gram Panchaya.hy, rep. by its Panchaya, Secretary Madigapalem, Petiuru Village, Kondapi Mandal, Prakasam District. ...Respondents 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 to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring action of the Respondents in not releasing the bill amount Covered by ZPGF Grant worth of Rs. 9,86,604/- for Construction of Community Hall at Madigapalem of Petlur Village of Kondapi Mandal, Prakasam District vide Agreement No. 12/2021-22 dated.21.06.202 1 and Supplimental Agreement No.01/2023-24 dated. 18.03.2024 causing heavy loss with interest even though total works were completed within time as illegal, arbitrary and violation of Article 14, 16 and 21 of Constitution of India and consequently direct the respondents to release the amounts worth of Rs. 9,86,604/- for Construction of Community Hall at Madigapalem of Petlur Village of Kondapi Mandal, Prakasam District vide Agreement No. 12/2021-22 dated.21.06.2021 and Supplimental Agreement No.01/2023-24 dated. 18.03.2024 payable to the petitioner herein with interest @ 24 percent per annum for the delayed amount till date of realization for the works executed by the petitioner. lA 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 to direct the Respondents to release the amounts worth of Rs.9,86,604/- for “ Construction of Community Hall at Madigapalem of Petlur Village of Kondapi Mandal, Prakasam District” vide Agreement No.12/2021-22 dated 21.06.2021 and Supplimental Agreement No.01/2023-24 dated 18.03.2024 payable to the petitioner herein with interest @ 24% per annum for the delayed amount till date of realization for the works executed by the petitioner forthwith pending disposal of the above writ petition. Counsel for the Petitioner: SHAIK MEERAVALI Counsel for the Respondent No.1: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent Nos.2,4,5,6: GP FOR FINANCE AND PLANNING Counsel for the Respondent No.3 & 7: SRI MATTEGUNTA SUDHIR, Standing Counsel For Z.P.Ps.M.P.Ps,Gram Panchayats The Court made the following order: • \\ APHC010288442025 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: 14530/2025 Between: 1.B VIJAYA BHASKAR REDDY, S/0. B. VENKAT NARAYANA REDDY, AGED ABOUT 50 YEARS, OCC CONTRACTOR, REGALAGADDA VILLAGE, MARRIPUDI MANDAL, PRAKASAM DISTRICT R/0. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ RURAL DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. SECRETARIAT, 3.THE CHIEF EXECUTIVE OFFICER, ZILLA PRAJA PARISHAD, ONGOLE, PRAKASAM DISTRICT. 4.THE SUPERINTENDING ENGINEER, PRI CIRCLE, ONGOLE, PRAKASAM DISTRICT. 5.THE EXECUTIVE ENGINEER, PRI DIVISION, KANDUKUR, SPSR NELLORE DISTRICT. 6.THE DEPUTY EXECUTIVE ENGINEER, PRI SUB-DIVISION, KONDAPI, PRAKASAM DISTRICT. 7.THE PETIURU GRAM PANCHAYATHY, REP. BY ITS PANCHAYAT 2 SECRETARY. MADIGAPALEM, PETIURU VILLAGE, KONDAPI MANDAL, PRAKASAM 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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring action of the Respondents in not releasing the bill amount Covered by ZPGF Grant worth of Rs. 9,86,604/- for Construction of Community Hall at Madigapalem of Petlur Village of Kondapi Mandal, Prakasam District vide Agreement No. 12/2021-22 dated.21.06.202 1 and Supplimental Agreement No.01/2023-24 dated. 18.03.2024 causing heavy loss with interest even though total works were completed within time as illegal, arbitrary and violation of Article 14, 16 and 21 of Constitution of India and consequently direct the respondents to release the amounts worth of Rs. 9,86,604/- for Construction of Community Hall at Madigapalem of Petlur Village of Kondapi Mandal, Prakasam District vide Agreement No. 12/2021-22 dated.21.06.2021 and Supplimental Agreement No.01/2023-24 dated. 18.03.2024 payable to the petitioner herein with interest @ 24 percent per annum for the delayed amount till date of realization for the works executed by the petitioner and to pass lA 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 Counsel for the Petitioner: 1.SHAIKMEERAVALI Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following: 3 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14530/2025 r ORDER: The petitioner had been awarded the contract of work(s) under the subject scheme in Prakasam District. After execution of the said contract, a 1. final bill was prepared for a sum of Rs.9,86,604/- 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.9,06,783/- 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. This Court, in various orders, including the judgment of a learned Single 3. 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. On the other hand, learned Government Pleader placed on record written instructions submitted by the Executive Engineer, PRI Division, Kandukur dated 26.06.2025, wherein, it is admitted that the petitioner is 4. 4 entitled for an amount of Rs.9,06,783/-. it is further stated that soon after release of the budget, amount will be paid to the petitioner. 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.9,06,783/- to the petitioner. 5. 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 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 a period of 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. Sd/- M. SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary Panchayat Raj Secretariat, Velagapudi, Amaravati, Guntur District. Rural Department 2. The Principal Secretary, Finance Department, Secretariat, Velagapudi, Amaravati, Guntur District. 3. The Chief Executive Officer, Zilla Praja Parishad, Ongole, Prakasam District. 4. The Superintending Engineer, PRI Circle, Ongole, Prakasam District. 5. The Executive Engineer, PRI Division, Kandukur, SPSR Nellore District. 6. The Deputy Executive Engineer, PRI Sub-Division, Kondapi, Prakasam District. 7. The Panchayat Secretary, Petiuru Gram Panchayathy, Madigapalem, Petiuru Village, Kondapi Mandal, Prakasam District. 8. One CC to Sri. Shaik Meeravali, Advocate [OPUC' 9. Two CCs to GP For Panchayat Raj Rural Dev High Court of Andhra Pradesh [OUT] Two CCs to GP For Finance and Planning, High Court of Andhra Pradesh [OUT]. One CC to 10. 11. Sri. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats Advocate [OPUC] Two CD Copies. 12. AL HIGH COURT PATED:21/07/2025 ORDER WP NO. 14530 OF 2025 I 01 SEP 2^ \ V* Seciion DISPOSING OF THE W.P. WITHOUT COSTS