BASALA SIVA RAMAKRISHNA v. The State of Andhra Pradesh
WP/15690/2025 · 2025-07-24
Venkateswarlu Nimmagadda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 22058 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 22058 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
APHC010311152025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE TWENTY FIFTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15690/2025 Between: Basala Siva Ramakrishna ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1. SASANKA BHUVANAGIRI 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
3. GP FOR FINANCE PLANNING The Court made the following:
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 15690/2025
ORDER:
1. The petitioner had been awarded the contract of work(s) under the subject scheme in Guntur District. After execution of the said contract, a final bill was prepared for a sum of Rs.4,67,667/- 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 23.07.2025 submitted by the Divisional Panchayat Officer, Narasaraopet, wherein, it is stated that a amount of Rs.84,615/- in respect of Work No.4 was paid to the petitioner on 15.07.2025 and the remaining amount of Rs.3,83,052/- will be paid on availability of GP Chengiskhanpeta Village.
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.4,67,667/- 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
25.07.2025 TM
426 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 15690 OF 2025
25.07.2025
TM