APHC010309922025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15856/2025 Between: 1. J SUDHAKAR REDDY, S/O. J. SUBBA REDDY, AGED ABOUT 54 YEARS, OCC. CONTRACTOR, R/O.D.NO. 10-44, PLOT NUMBER 5, BAPUJI NAGAR, KAVALI, SPSR NELLORE DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT(RWS AND S), SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE COLLECTOR AND DISTRICT MAGISTRATE, SPSR NELLORE DISTRICT, AP 4. THE SUPERINTENDING ENGINEER, RWS AND S DIVISION, SPSR NELLORE DISTRICT 5. THE EXECUTIVE ENGINEER, RWS AND S DIVISION, SPSR NELLORE, AP 6. THE DEPUTY EXECUTIVE ENGINEER, RWS AND S SUB-DIVISION, KAVALI, SPSR NELLORE, AP ...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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring action of the respondents in not releasing an amount of total Rs. 9,02,396/- for execution of five works i.e., 1.Providing Temporary water supply with Bore well and Pumpset in YSR Jagan Anna Layout(090520l_A107450) at Thallapalem(V) of Thallapalem(GP) in Kavali Mandal, under Agreement No. /2023-2024 dt. 13- 07-2023, 2. Providing Temporary water supply with Bore well and Pumpset in YSR Jagan Anna Layout(090520LA107441) at Chalamcherla(V) of Chalamcherla(GP) in Kavali Mandal, under Agreement No. /2023- 2024 dt. 13-07-2023, 3. Providing Temporary water supply with Bore well and Pumpset in YSR Jagan Anna Layout(090520LA107451) at Thummalapenta(V) of Thummlapenta(GP) in Kavali Mandal, under Agreement No. /2023-2024 dt. 13-07-2023, 4. Providing Temporary water supply with Bore well and Pumpset in YSR Jagan Anna Layout(090520l_A107449) at Juvviguntapalem(V) Thallapalem(GP) in Kavali Mandal, under Agreement No. /2023-2024 dt. 13-07-2023. 5. Providing Temporary' water supply with Bore well and Pumpset in YSR Jagan Anna Layout(090520l_A107397) at R.C.Palem(V) of R.C. Palem (GP) in Kavali Mandal, under Agreement No./2023-2024 dt. 13-07-2023 respectively under 'Navaratnalu-Pedalandariki lllu programme and consequently direct the respondents to release the 1st and part bill and 1st and final bill amounts of the respective works executed by the petitioner forthwith along with the interest payable on the principal amount 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 respondents to pay the amounts Rs.1.32,523/- ,1,80,068/-, Rs. 1,36,712/-,Rs. , Rs. 1,29,180/-, Rs.3,23,913/- i.e., total amount of total Rs. 9,02,396/-for execution of five works i.e., 1.Providing Temporary water supply with Bore well & Pumpset in YSR Jagan Anna Layout(090520LA107450) at Thallapalem(V) of Thallapalem(GP) in Kavali Mandal, under Agreement No. /2023-2024 dt. 13-07-2023 2. Providing Temporary water supply with Bore well & Pumpset in YSR Jagan Anna Layout(090520LA107441) at Chalamcherla(V) of Chalamcherla(GP) in Kavali Mandal, under Agreement No. /2023-2024 dt. 13-07-2023, 3. Providing Temporary water supply with Bore well & Pumpset in YSR Jagan Anna Layout(090520LA107451) at Thummalapenta(V) of Thummlapenta(GP) in Kavali Mandal, under Agreement No. /2023-2024 dt. 13-07-2023, 4. Providing Temporary water supply with Bore well & Pumpset in YSR Jagan Anna Layout(090520LA107449) at Juvviguntapalem(V) Thallapalem(GP) in Kavali Mandal, under Agreement No. /2023-2024 dt. 13-07-2023. 5. Providing Temporary' water supply with Bore well & Pumpset in YSR Jagan Anna Layout(090520LA107397) at R.C.Palem(V) of R.C. Palem (GP) in Kavali Mandal, under Agreement No. /2023-2024 dt. 13-07-2023 respectively under "Navaratnalu-Pedalandariki lllu" programme immediately, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. KOMARA PRUDHVI RAJ Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15856 OF 2025 ORDER: 1. The petitioner had been awarded the contract of work(s) under the subject scheme in SPSR Nellore District. After execution of the said contract, a final bill was prepared for a sum of Rs.9,02,396/- 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 28.07.2025 issued by respondent No.5, wherein, it is stated that since the budget was not released by the Government, the bill was not paid to the petitioner. Soon after release of the budget by the Government, the bill 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.9,02,396/- 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 two (02) 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 29.07.2025 BSP 240 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15856 OF 2025 29.07.2025 BSP