Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 22475 (AP)

Sri Duddu Ramanaiah, v. The State of Andhra Pradesh,

WP/16224/2024 · 2025-07-28

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.16224 of 2024 ORDER: 1. This writ petition under Article 226 of Constitution of India is filed to issue writ of mandamus, declaring the action of respondents in withholding payments of bill, payable to the petitioner in relation to the execution of work under the subject scheme, as illegal, arbitrary and contrary to the principles of natural justice. 2. It is the case of the petitioner that the petitioner has executed the work under the subject scheme, the respondents having been satisfied with the execution of works, prepared the bills, but the amount was not paid, for different reasons. 3. During the hearing, the learned Government Pleader for Panchayat Raj and Rural Development Department placed on record the written instructions issued by the Chief Engineer, PR-I, Vijayawada, dated 27.06.2025, stating that the Central Ware Housing Corporation refused for approval as the scope of work is outside the ware housing corporation act. Accordingly, NABARD put the proposal on hold. Similar proposals received are being submitted to the Finance Department and payments are being made under PRR grant with head of account depending on 2 ways and means as this is a large commitment on the Government. The Government need time for payment of the bills. 4. 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.1,02,48,450/- to the petitioner. 5. 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 six (06) 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 and due amount, if any payable by the respondents, in an appropriate forum. There shall be no order as to costs. 3 6. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. _________________________________ VENKATESWARLU NIMMAGADDA, J 29.07.2025 kkllkk 4 214 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.16224 of 2024 29.07.2025 kkllkk