APHC010311642025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) '"’IWI ... // FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE > PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16034 OF 2025 Between: Pocha Venkata Reddy, S/o. Pulla Reddy, D.No.2-150, Bodemmanur village, Uyyalawada Mandal, Nandyal District ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Department of Panchayat Raj, Secretariat Building, Velagapudi, Amaravathi, Guntur. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 3. The Superintendent Engineer, Panchayath Raj, Visweswaraiah Bhavan, 2nd Floor, Z.P. Compound, Kurnool. 4. The Executive engineer, Panchayath Raj, PRI And PIU Division Nandyal. 5. The Deputy Executive Engineer, PRI Sub-Division, Allagadda, Nandyal 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 the action of the Respondents in withholding the payments of pending amounts of Rs.2,93,441/- and Rs.4,24.862/- totaling an amount of Rs.7,18,303/- (Seven lakhs Eighteen Thousand Three hundred and three rupees) for the year 2024, even after finalizing the bills, payable to the petitioner in relation to the works (1.) Providing internal CC Roads from Kasineni Shekhar (H) to Gudheti Sambasivudu (H) and other streets in T.Kottala H/0 D.Kottala (2.) Providing internal CC roads from Sudha Govindhu (H) to Chennakeshavula Venkataramana (H) and other streets at Appanapally (V) H/0 Chinnakamnalur Village ofRudravaram (M), Nandyal District as bad, illegal, arbitrary, improper, unjust and against the Article 21 of Constitution of India and consequently direct the respondents to pay the amounts of Rs.7,18,303/- (Seven lakhs Eighteen Thousand Three hundred and three) forthwith release the payments of above bill amount along with 12percent interest. of 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 and pay the amounts of Rs.7,18,303/- (seven lakhs eighteen thousand Three Hundred and three) release the payments of the bill amount along with 12% interest, pending disposal of the writ petition. Counsel for the Petitioner: SRI THATHIREDDY ASHOK SRIVASTAVA Counsel for the Respondent No. 1 and 3 to 5: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent No. 2: GP FOR FINANCE PLANNING The Court made the following order: APHC010311642025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16034/2025 Between; D.NO.2-150, NANDYAL 1.POCHA VENKATA REDDY, S/0. PULLA REDDY, BODEMMANUR VILLAGE, UYYALAWADA MANDAL DISTRICT ...PETITIONER AND 1.THE STATE OF AP. REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYAT RAJ, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL DEPARTMENT OF FINANCE AND PLANNING. SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3.THE SUPERINTENDENT ENGINEER. PANCHAYATH RAJ, VISWESWARAIAH BHAVAN, 2ND FLOOR, Z.P.COMPOUND, KUMOOL. 4.THE EXECUTIVE ENGINEER, PANCHAYATH RAJ, PRI AND PIU DIVISION NANDYAL. 5.THE DEPUTY EXECUTIVE ENGINEER, PRI SUB-DIVISION, ALLAGADDA, NANDYAL 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 the action of the Respondents in withholding the payments of pending amounts of Rs.2,93,441/- and Rs.4,24,862/- totalling an amount of Rs.7,18,303/- (Seven lakhs Eighteen Thousand Three hundred and three rupees) for the year 2024, even after finalizing the bills, payable to the petitioner in relation to the works (1.) Providing internal CC Roads from Kasineni Shekhar (H) to Gudheti Sambasivudu (H) and other streets in T.Kottala H/0 D.Kottala (2.) Providing internal CC roads from Sudha Govindhu (H) to Chennakeshavula Venkataramana (H) and other streets at Appanapally (V) H/0 q Chinnakamnalur Village ofRudravaram (M), Nandyal District as bad, illegal, arbitrary, improper, unjust and against the Article 21 of Constitution of India and consequently direct the respondents to pay the amounts of Rs.7,18,303/- (Seven lakhs Eighteen Thousand Three hundred and three) forthwith the payments of above bill amount along with 12percent interest and release 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 leased to direct the respondents to release and pay the amounts of Rs.7,18,303/- (seven lakhs eighteen thousand Three Hundred , release the payments of the bill amount along with 12% interest, disposal of the writ petition and pass Counsel for the Petitioner: 1.THATHIREDDYASHOKSRIVASTAVA Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR FINANCEPLANNING The Court made the following: and three) , pending HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PFTITION NO: 16034 OF 2025 THE ORDER: awarded the contract of work(s) under the After execution of the said contract, a final The petitioner had been 1. subject scheme in Kurnool District prepared for a sum of Rs.7,18,303/- as per the sanctioned orders. As has not been made by the respondents, the bill was the payment of the said amount 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 made. The petitioner contends that such non- and high-handed requiring the money, no payment is being payment of money is clearly arbitrary interference of this Court. This Court, in various orders, Judge of this Court dated 05.10.2021 in W.P.No.10038 of 2021 and batch had that such non-payment of dues is arbitrary and that such dues including the judgment of a learned Single 3. taken the view need to be cleared by the respondents at the earliest. On the other hand, learned Government Pleader placed on record submitted by the Executive Engineer, PR Division, not released by the Soon after release of the 4. written instructions Nandyal, wherein, it is Government, the bills were not paid to the petitioner, budget by the Government, the bills will be paid to the petitioner stated that since the budget was 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.7,18,303/- 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 payable by the respondents, in an appropriate forum. There shall be no order as to costs. any Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. Sd/- N. NAGAMMA ASSISTANT REGISTRAR / //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, Department of Panchayat Raj, State of AP, Secretariat Building, Velagapudi, Amaravathi, Guntur. 2. The Principal Secretary, Department of Finance and Planning, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District. 3. The Superintendent Engineer, Panchayath Raj, Visweswaraiah Bhavan, 2nd Floor, Z.P. Compound, Kurnool. Amaravathi, 4. The Executive engineer, Panchayath Raj, PRI And PIU Division Nandyal. 5. The Deputy Executive Engineer, PRI Sub-Division, Allagadda, Nandyal District. 6. One CC to Sri. Thathireddy Ashok Srivastava Advocate [OPUC] 7. Two CCs to GP for Panchayat Raj Rural Dev, High Court of Andhra Pradesh [OUT] 8. Two CCs to GP for Finance Planning, High Court of Andhra Pradesh [OUT] 9. Two CD Copies GSC V- HIGH COURT DATED;01/08/2025 I 2 I AUG 2025 "s Current Section . ^ ORDER WP NO. 16034 OF 2025 DISPOSING THE WP WITHOUT COSTS