1 APHC010358302024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE TWENTY FOURTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 18291/2024 Between: 1. T. KRANTHI KUMAR,, S/O. RAM MOHANA RAO AGE 40 YEARS, R/O. H. NO. 1-36, RAJUPETA POST PEDAPADU MANDAL, ELURU DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, ELURU DISTRICT AT ELURU 4. THE EXECUTIVE ENGINEER, RWS AND S DIVISION ELURU, ELURU DISTRICT 5. THE DEPUTY EXECUTIVE ENGINEER, R.W.S AND S SUB- DIVISION, ELURU, ELURU 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 to issue a writ, order, or direction more particularly one in the nature 2 of WRIT OF MANDAMUS declaring the action of the respondents in not preparing final bills and not paying the bill amounts for the works executed by the petitioner i.e i) Construction of Open CC Drain From Laveti Srnu (H) to Kota Sambayya (H) at Satyavolu GP in Pedapadu Mandal, ii) Construction of Open CC Drain From Nandi Foundation to Tentu Sridhar (H) at Satyavolu GP in Pedapadu Mandal, iii) Construction of Open CC Drain from Vadda Satyanandam (H) to Anganwadi Center at Naidugudem Sachivalayam in Pedapadu Mandal, iv) Construction of Open CC Drain from Naraharasetti Shram Murthy (H) to Pinnamaneni Kumara Swamy (H) at Pedapadu 2 G.P of Pedapadu Mandal, v) Construction of Open CC Drain from Kukunuri Venkateswarao (H) to Naraharasetti Krishnanjaneyulu (H) at Pedapadu -2 G.P of Pedapadu Mandal, in spite of approval, as illegal, arbitrary, malafidy, against to the principles of natural justice, contrary to law and in violation of Article 14, 21 and 19(1)(g) of the Constitution of India and consequently direct the respondents to pay the approved bills amount along with interest to the petitioner in the interest of justice 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 to direct the respondents to prepare final bills for the works executed by the petitioner i.e i) Construction of Open CC Drain From Laveti Srinu (H) to Kota Sambayya (H) at Satyavolu GP in Pedapadu Mandal, ii) Construction of Open CC Drain From Nandi Foundation to Tentu Sridhar (H) at Satyavolu GP in Pedapadu Mandal, iii) Construction of Open CC Drain from Vadda Satyanandam (H) to Anganwadi Center at Naidugudem Sachivalayam in Pedapadu Mandal, iv) Construction of Open CC Drain from Naraharasetti Sriram Murthy (H) to Pinnamaneni Kumara Swamy (H) at Pedapadu 2 G.P of Pedapadu Mandal, v) Construction of Open CC Drain from Kukunuri Venkateswarao (H) to Naraharasetti Krishnanjaneyulu (H) at Pedapadu -2 G.P of Pedapadu Mandal, pending disposal of the above writ petition in the interest of justice and pass Counsel for the Petitioner: 1. KAMBHAMPATI RAMESH BABU 3 Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING The Court made the following: 4 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 18291 OF 2025 ORDER: 1. The petitioner had been awarded the contract of work(s) under the subject scheme in Eluru 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 Rs.11,00,404/- 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, RWS & S Sub-Division, Eluru, dated 23.07.2025, wherein, it is stated that the office has processed the subject bills and submitted to PAOs office on 12.07.2025 for payment. The bills were approved by PAO on 14.07.2025, but the payment is still pending. 5 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.11,00,404/- 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 24.07.2025 TM 6 412 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 18291 OF 2024 24.07.2025 TM