APHC010344772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) B o m 3 MONDAY,THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE ^ PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17465 OF 2025 Between: A. Eswar Reddy, S/o A.Nagi Reddy, Aged 50 years, Occ: Contractor, D.No. 1-2-347-6, Shanthi Nagar, Anantapuram Town, Anantapuram District. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Pachayat Raj and Rural deployment Department Velagapudi, Amaravathi, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Department of Finance and Planning, Velagapudi, Amaravathi, Guntur District. 3. The District Collector, Anantapuram Anantapur District. 4. The Engineer-in-Chief, Panchayath Raj Department, Vijayawada- 5. The Superintendent of Engineer Anantapur, Anantapur District. 6. The Executive Engineer, Panchayat Raj Division Anantapuram District. 7. The Dy. Executive Engineer, Panchayat Raj Division, Anantapuram-1 Anantapuram District. 8. The Pay and Accounts Officer, Work Anantapuram District. Secretariat Buildings, Secretary, Secretariat Buildings, Panchayathraj Department and accounts, Anantapuram ...Respondents petition under Article 226 of the Constitution of India praying that in the cir|umstahces 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 non compliance of M.Book No.226/BPRD/2019-20 an amount Rs.6,39,983/- in respect of Agreement No. /2021-22 dt. 18-02-2022 vide Adminstrative ‘ sanction Progc RC.No.2368/2021/G2 dated. 5-1-2022 of the CEO ,Zilla Parishad through tender notice No.02/To/Tender/2021-22 dated. 19-1-2022 due on 10-02-2022 approved ref.No.RC.No.TO/ZP15h FC basic Grant /Agreement/PRI Div.DMM at ATP/2021-22 Date. 18-2-2022 Providing BT surface to approach Road to APSP Battalion office near Janthalur Village of B.K.Samudram Reach-IV work done by me under ZP 15'*^ FC Basic Grantis illegal, arbitrary and contrary to law, violation of principles of natural justice and consequently direct the respondent authorities to release an amount of Rs. 6,39,983/- with interest at 18%per annum for the contract works executed by the petitioner for Providing BT surface to approach Road to APSP Battalion office near Janthalur Village of B.K.Samudram Reach-IV forthwith. f 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 respondent authorities to release an amount of Rs. 6,39,983/-with interest at 18% per annum for the contract works executed by the petitioner for Providing BT surface to approach Road to APSP Battalion office Janthalur Village of B.K.Samudram Reach-IV forthwith. near Counsel for the Petitioner: SRI INENI VENKATA PRASAD Counsel for the Respondent Nos.1,3 to 7: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondent Nos.2 & 8:GP FOR FINANCE & PLANNING The Court made the following order: 1 APHC010344772025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE EIGHTH DAY OF SEPTEMBER ■ TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17465/2025 Between: 1.A. ESWAR REDDY, S/0 A.NAGI REDDY, AGED 50 YEARS, OCC. CONTRACTOR, D.NO. 1-2-347-6, SHANTHI NAGAR, ANANTAPURAM TOWN, ANANTAPURAM DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PACHAYAT RAJ AND RURAL DEPLOYMENT DEPARTMENT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. SECRETARIAT 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE BUILDINGS, SECRETARIAT AND PLANNING VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3.THE DISTRICT COLLECTOR, ANANTAPURAM ANANTAPUR DISTRICT. 2 4.THE ENGINEERINCHIEF PANCHAYATH RAJ DEPARTMENT, VIJAYAWADA- 5.THE SUPERINTENDENT OF PANCHAYATHRAJ DEPARTMENT, ANANTAPUR DISTRICT. ENGINEER, ANANTAPUR, 6.THE EXECUTIVE ENGINEER, PANCHAYAT RAJ DIVISION ANANTAPURAM DISTRICT. 7.THE DY EXECUTIVE ENGINEER, PANCHAYAT RAJ DIVISION, DISTRICT. ANANTAPURAM-1 ANANTAPURAM 8.THE PAY AND ACCOUNTS OFFICER, WORK AND ACCOUNTS, DISTRICT. ANANTAPURAM ANANTAPURAM ...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 appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in non compliance of M.Book NO.226/BPRD/2019-20 an respect of Agreement No. /2021-22 dt. 18-02- Adminstrative sanction Progc RC.No.2368/2021/G2 dated. 5- 1- 2022 of the CEO ,Zilla Parishad through tender notice No.02/To/Tender/2021-22 dated. 19-1-2022 due on 10-02-2022 approved ref.No.RC.No.TO/ZP15h FC /Agreement/PRI Div.DMM at ATP/2021-22 Date. 18-2-2022 Providing BT surface to approach Road to APSP Battalion office near Janthalur Village of B.K.Samudram Reach-IV work done by me under ZP 15th FC Basic Grantis illegal, arbitrary and contrary to law, violation of principles of natural justice and consequently direct the respondent authorities to release an amount of Rs. 6,39,983/- with interest at 18percent per annum for the contract works executed by the petitioner for Providing BT surface to amount Rs.6,39,983- in 2022 vide basic Grant 3 approach Road to APSP Battalion office near Janthalur Village of B.K.Samudram Reach-IV forthwith and to pass Counsel for the Petitioner: 1.INENI VENKATA PRASAD Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR FINANCE PLANNING te. % :4; HON’B.LE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.17465 of 2025 This Court made the following ORDER: The petitioner had been awarded the contract of work(s) under the subject scheme in Ananthapur District. After execution of the said contract, a final bill was prepared for a sum of Rs.6,39,983/- 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. It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled for payment of Rs.5,56,934/- 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. 2. 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 3. </p :5 non-payment of dues is arbitrary and that such dues need to be cleared by the respondents at the earliest. On the other hand, learned Government Pleader placed record written instructions submitted by the Executive Engineer, PRI Division, Anantapuramu, dated 11.08.2025, wherein, it is admitted that the petitioner is entitled for an amount of Rs.5,56,934/-. 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. 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.5,56,934/- to the petitioner. 4. on 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 6. 4 :6: amount along witti 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. Sd/-SHAIK MOHD RAF! ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, Pachayat Raj and Rural deployment Secretariat Buildings, 1. The Principal Secretary, Department, State of Andhra Pradesh Velagapudi, Amaravathi, Guntur District. Secretary, Department of Finance and Planning, State of Secretariat Buildings, Velagapudi, Amaravathi, Guntur 2. The Principal Andhra Pradesh District. 3. The District Collector, Anantapuram Anantapur District. 4. The Engineer-in-Chief, Panchayath Raj Department, Vijayawada- Panchayathraj Department 5. The Superintendent of Engineer, Anantapur, Anantapur District. Executive Engineer, Panchayat Raj Division Anantapuram District. 6. The 7. The Dy. Executive Engineer, Panchayat Raj Division, Anantapuram-1 Anantapuram District. 8. The Pay and Accounts Officer, Work and accounts, Anantapuram Anantapuram District. 9. One CC to Sri Ineni Venkata Prasad, Advocate [OPUC] 10. Two CCs to GP for Panchayat Raj and Rural Development, High Court of Andhra Pradesh [OUT] 11. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT] 12. Two CD Copies. ssb HIGH COURT DATED:08/09/2025 ORDER WP No. 17465 OF 2025 .-V’ *( 18 SEP 2025 rrentSectioaxC^'’ CJ; Co DISPOSING OF THE W.P. WITHOUT COSTS