1 NV,J W.P.No.16970 of 2025 APHC010334692025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16970/2025 Between: 1. DASARI LAKSHMINARAYANA,, S/O. HANUMANTHA RAO, AGED ABOUT 57 YEARS, CHAIRMAN, HABITATION WORKS COMMITTEE OF CHINARAVIPADU, R/O. CHINARAVIPADU VILLAGE, CHIMAKURTHY MANDAL, PRAKASAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE, TULLUR MANDAL, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, PRAKASAM DISTRICT AT ONGOLE. 3. THE DISTRICT PANCHAYAT OFFICER, PRAKASAM DISTRICT AT ONGOLE. 4. THE EXECUTIVE ENGINEER, PRI DIVISION, ONGOLE, PRAKASAM DISTRICT. 5. THE DEPUTY EXECUTIVE ENGINEER, PRI SUB. DIVISION, S.N. PADU, PRAKASAM DISTRICT. 6. THE ASSISTANT EXECUTIVE ENGINEER, MANDAL PRAJA PARISHAD, CHIMAKURTHY MANDAL, PRAKASAM DISTRICT. 2 NV,J W.P.No.16970 of 2025 7. THE DEPUTY EXECUTIVE ENGINEER, (PR) QUALITY ASSURANCE AND QUALITY CONTROL SUB.DIVISION, ONGOLE, PRAKASAM DISTRICT. 8. THE ASSISTANT EXECUTIVE ENGINEER, (PR) QA AND QC, SUB.DIVISION, ONGOLE, PRAKASAM DISTRICT. 9. THE CHINARAVIPADU GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, CHINARAVIPADU VILLAGE, CHIMAKURTHY MANDAL, PRAKASAM DISTRICT. 10. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL GUNTUR 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 tomay be pleased to issue a Writ, Order or Orders more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No. 4 in not passing the final bill and not taking steps for paying the bills amounts in respect of the, 1) Work ID.No.PR-5128-12652, for execution of the work of construction of Side Drains from Dasari Laxmi Narayana Fields to Anjaneya Swamy Statue in Chinaravi Padu Village of Chimakurthy Mandal, for an estimated amount of Rs.5,00,000/- and 2) Work ID.No. PR-5128- 12650, for Construction of Side Drains from Shaik Raja Cattle shed to G.P office in Chinaravipadu Village of Chimakurthy Mandal, for an estimated amount of Rs.5,00,000/-, being illegal arbitrary and violation of Article 14 and 19 (1) (g) of the Constitution of India and consequently direct the 4th respondent to pass final bills and pay the bills amounts in respect of the 1) Work ID.No.PR-5128-12 652, for execution of the work of construction of Side Drains from Dasari Laxmi Narayana Fields to Anjaneya Swamy Statue in Chinaravi Padu Village of Chimakurthy Mandal, for an estimated amount of Rs.5,00,000/- and 2) Work ID.No. PR-5128-12650, for Construction of Side Drains from Shaik Raja Cattle shed to G.P office in Chinaravipadu Village of Chimakurthy Mandal, for an estimated amount of Rs.5,00,000/-, and pass 3 NV,J W.P.No.16970 of 2025 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 may be pleased to direct the 4**^ respondent to pass final bills and pay the bvills amounts in respect of the 1. Work ID.No. PR-5128-12652, for execution of the work of construction of side Drains from Dasari Laxmi Narayana Fields to Anjaneya Swamy Statue in Chinaravi Padu Village of Chimaikurthy Mandal, for an estimated amount of Rs. 5,00,000/- and 2. Work I.D No. PR- 5128-12650, for Construction of Side Drains from Shaik Raja Cattle shed to G.P office in Chinaravipadu Village of Chimakurthy Mandal, for an estimated amount of Rs. 5,00,000/-, pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. MADHAVA RAO NALLURI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING 3. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following: 4 NV,J W.P.No.16970 of 2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16970 OF 2025 ORDER: 1. The petitioner had been awarded the contract of work(s) under the subject scheme in Prakasam District. After execution of the said contract, a final bill was prepared 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 submitted by the Executive Engineer, PRI Division, Ongole, Prakasam District dated 12.08.2025, admitting an amount of Rs.8,45,422/- payable to the petitioner and submits that, since the budget was 5 NV,J W.P.No.16970 of 2025 not released by the Government, the bills were not paid to the petitioner. Soon after release of the budget by the Government, the bills 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.8,45,422/- to the petitioner, within a period of three (03) months from the date of receipt of a copy of this order. 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. 7. It is left open to the petitioner to agitate his claim for either differential amount or higher rate of interest, if any payable by the respondents, in an appropriate forum. There shall be no order as to costs. 6 NV,J W.P.No.16970 of 2025 8. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. _____________________________________ VENKATESWARLU NIMMAGADDA,J 13.08.2025 SP 7 NV,J W.P.No.16970 of 2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16970 OF 2025 13.08.2025 W SP