APHC010298252025 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: 15073/2025 Between: 1. KANDULAPATI JAYA SUBRAHMANYAM, S/O POTHU RAJU, AGED ABOUT 50 YEARS, OCC CONTRACTOR, R/O D.NO.1-83/3, NEAR SUBRAMANYESWARA SWAMY TEMPLE, KANDULAPATIVARI MERAKA, KUMMARAPURUGU PALEM NORTH, MOGALTUR MANDAL, WEST GODAVARI DISTRICT, ANDHRA PRADESH STATE. ...PETITIONER AND 1. THE STATE OF AP, . REP. BY PRINCIPAL SECRETARY, PANCHAYATI RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 3. THE COMMISSIONER PANCHAYATI RAJ AND RURAL DEVELOPMENT DEPARTMEN, GOVERNMENT OF ANDHRA PRADESH TADEPALLI, GUNTUR DISTRICT. 4. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT AT BHIMAVARAM. 5. THE SUPERINTENDING ENGINEER, PR CIRCLE, BHIMAVARAM, WEST GODAVARI DISTRICT. 2 6. THE EXECUTIVE ENGINEER, PANCHAYATI RAJ AND RURAL DEVELOPMENT DEPARTMENT P I U DIVISION 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 topleased to issue an appropriate Writ, Order direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents withholding the net amount of Rs. 10,02,131/- ( Rupees Ten Lakhs two thousand one hundred and thirty one Only) for the construction of cement concrete road from Palaparthi Sudhakar House to Komaragiri Raju house in Deyyalathippa village of Bhimavaram Mandal, West Godavari District, as illegal, arbitrary and violations of Article 14,19,21 and 300-A of the Constitution of India and consequently direct the respondents to pay an total amount of Rs.10,02,131/- ( Rupees Ten Lakhs two thousand one hundred and thirty one Only) with interest other consequential reliefs 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 Pleased to direct the 1 to 6 Respondents to the pay total amount of Rs.10,02,131/- (Rupees Ten Lakhs two thousand one hundred and thirty one Only) forthwith to the petitioner pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. DASARI S V V S V PRASAD Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING The Court made the following: 3 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15073/2025 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.10,02,131/- 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 04.07.2025 submitted by the Executive Engineer, PR PIU Division, Bhimavaram, wherein, it is stated that soon after getting permission from the Government, the bill will be uploaded and amount will be paid to the petitioner. 4 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.10,02,131/- 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 5 66 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15073 OF 2025 06.08.2025 BSP