APHC010337582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17068/2025 Between: 1. KOTTHAMADDHI VENKATA SUBBAIAH,, S/O. K.V SUBBAIAH, AGED ABOUT 60 YEARS, R/O. D.NO. 1/27, MAIN ROAD, BHAKARAPET VILLAGE, PEDDAPALLE GRAM PANCHAYAT, SIDDAVATAM MANDAL, YSR KADAPA DISTRICT, ANDHRA PRADESH - 516247. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE, THULLUR MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE, THULLUR MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH. 3. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, NH-16, TADEPALLI, GUNTUR DISTRICT. 4. THE DISTRICT COLLECTOR PANCHAYAT WING, YSR KADAPA DISTRICT. 5. THE SUPERINTENDING ENGINEER PR CIRCLE, YSR KADAPA DISTRICT. 6. THE EXECUTIVE ENGINEER, PANCHAYAT RAJ DIVISION, RAJAMPET, YSR KADAPA DISTRICT. 7. THE PEDDAPALLI GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, PEDDAPALLI, SIDDAVATAM MANDAL, KADAPA DISTRICT, ANDHRA PRADESH.. ...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 to issue an order, direction or writ, more particularly one in the nature of writ of Mandamus, declaring the action of the Respondents in not releasing a) the final bill amount of Rs. 35,232/- from the MGNREGS fund through which 90percent of the project is funded and. b) Rs. 1,13,267/- from the State Development Fund (SDF) through which 10percent of the project is funded, amounting to a total of Rs. 2,50,694/-, in respect of the execution of the work for providing Cement Concrete (CC) road from CB Road to Peraiahgaripalli hamlet of Peddapalli Gram Panchayat, Siddavatam Mandal, as well as c) not releasing an amount of Rs. 1,02,195/- from the MGNREGS fund which was withheld as security for quality assurance, as illegal, arbitrary, devoid of the principles of natural justice, and in violation of Articles 14, 19(1 )(g), 21, and 300-A of the Constitution of India and Counsel for the Petitioner: 1. VINOD KUMAR PEMMASANI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17068 of 2025 This Court made the following ORDER: The petitioner had been awarded the contract of work(s) under the subject scheme in Kadapa District. After execution of the said contract, a final bill was prepared for a sum of Rs.10,98,517/- as per the sanctioned orders. Out of the said amount Rs.7,26,879/- has been paid by the respondent authorities and remaining amount of Rs.1,96,356/- has not been paid by the respondent authorities. 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.1,96,356/- after statutory deductions 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, Rajampet, dated 29.08.2025, wherein, it is admitted that the petitioner is entitled for an amount of Rs.1,96,356/-. It is further stated that uploading of bills to the PAO is under progress. Soon after the bills were uploaded, the 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 the amount of Rs.1,96,356/- 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 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 11.09.2025 KRK THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA 86 WRIT PETITION NO: 17068 OF 2025 11.09.2025 krk