APHC010319982024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16271/2024 Between: 1. SRI. K. MOHAN KRISHNA REDDY,, S/O. GOPAL REDDY, AGED 43 YEARS, R/O. H.NO. 269 B, POTHEGUNTA, SYDAPURAM, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY PANCHAYAT RAJ DEPARTMENT, A.P. SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, A.P. SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI. 3. THE COMMISSIONER, PANCHAYATH RAJ AND RURAL DEVELOPMENT, 1ST FLOOR, OLD CHARITASRI HOSPITAL, NAKKAL ROAD, SURYARAOPET VIJAYAWADA, KRISHNA DISTRICT 4. THE CHIEF ENGINEER, PANCHAYAT RAJ DEPARTMENT, VIJAYAWADA, KRISHNA DISTRICT. 5. THE SUPERINTENDING ENGINEER, PANCHAYAT RAJ CIRCLE, NELLORE, SPSR NELLORE DISTRICT. 6. THE EXECUTIVE ENGINEER, PANCHAYAT RAJ (PIU) DIVISION, NELLORE, SPSR NELLORE 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 not releasing the payment for the contract work executed by the petitioner for providing Road from Podalakur-Rapur Road to Bojjanapalli in Rapur Mandal of SPSR Nellore District through the Agreement No. 140/2018- 19 dated 14.09.2018 for an amount of Rs. 9,58,015/- is illegal, arbitrary and contrary to the law and unconstitutional and violation of Article 14 of Constitution of India and consequently direct the respondent authorities to release an amount of Rs.9,58,015/- with 18percent per annum to the petitioner in respect of the execution of aforementioned work forthwith and to pass IA NO: 1 OF 2024 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 respondent authorities to release an amount of Rs. 9,58,015/- with interest at 18% for the work executed by the petitioner for providing "Road from Podalakur-rapur Road to Bojjanapalli in Rapur Mandal of SPSR Nellore District" through the Agreement No. 140/2018-19 dated 14.09.2018 for an amount of Rs. 9,58,015/- and to pass Counsel for the Petitioner: 1. MARELLA RADHA Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:16271 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.9,58,015/- 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 Rs.9,58,015/-, 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 18.08.2025 issued by the Executive Engineer, PR (PIU) Division, Nellore, wherein, it is stated that the petitioner herein sought for only short payment of Rs.9,58,015/- but after completion of the entire works, the final bill was prepared for a sum of Rs.13,53,640/- and the same is entitled by the petitioner. It is further stated that due to non release of budget the said amount i.e., Rs.13.,53,640/- as entitled by the petitioner is not paid to the petitioner. Soon after release of the budget, the total bill amount entitled by the petitioner 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 an amount of Rs.13,53,640/- 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 and due amount, 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 18.08.2025 BSP 118 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16271 OF 2024 18.08.2025 BSP