1 APHC010361342025 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: 18363/2025 Between: 1. CHALLA SANKARAIAH, , S/O. CHALLA SIDDHAIAH, AGED ABOUT 56 YEARS, OCC CULTIVATOR, R/O.YACHAVARAM VILLAGE, MANUBOLU MANDAL, SPSR NELLORE DISTRICT, PINCODE. 524405. ...PETITIONER AND 1. THE STATE OF AP, REP. BY PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE MANAGING DIRECTOR, AP STATE HOUSING CORPORATION (APSHCL), VIJAYAWADA, KRISHNA DISTRICT. 2 4. THE PROJECT DIRECTOR, AP STATE HOUSING CORPORATION LIMITED (APSHCL), NELLORE, SPSR NELLORE DISTRICT. 5. THE DISTRICT COLLECTOR, NELLORE, SPSR NELLORE DISTRICT. 6. THE EXECUTIVE ENGINEER, AP STATE HOUSING CORPORATION LIMITED (APSHCL), NELLORE, SPSR NELLORE DISTRICT. 7. THE PROJECT DIRECTOR, DISTRICT WATER MANAGEMENT AGENCY (DWMA), NELLORE, SPSR NELLORE DISTRICT. 8. THE ASSISTANT EXECUTIVE ENGINEER, AP STATE HOUSING CORPORATION LIMITED (APSHCL), MANUBOLU, SPSR NELLORE DISTRICT. 9. THE MANDAL PARISHAD DEVELOPMENT OFFICER, MANUBOLU, MANUBOLU MANDAL, SPSR NELLORE DISTRICT. .. RESPOND ...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 of mandamus or any other appropriate writ or direction declaring the action of the Respondents in not releasing the payment of balance amounts as Rs.7,55,652/- vide M Book No. 18385, even after finalizing the bills, payable to the petitioner in relation to the work i.e.. Development of Housing Colony in Manubolu Gram Panchayath of Manubolu Mandal of SPSR Nellore District under MGNREGS Funds is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of amounts of Rs.7,55,652/- vide M Book No. 18385 with interest @24percent per annum for the delayed amount to the petitioner 3 in respect of execution of above-mentioned works forthwith and pass Counsel for the Petitioner: 1. MODAPOTHULA SUMALATHA Counsel for the Respondent(S): 1. KALYAN CHAKRAVARTHY R 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats 4. GP FOR FINANCE PLANNING 4 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.18363 of 2025 This Court made the following ORDER: 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.7,55,652/- 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.7,55,652/- 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 5 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 Programme Officer & Mandal Parishad Development Officer, Manubolu Mandal, dated 22.07.2025, wherein, it is admitted that the petitioner is entitled for an amount of Rs.7,55,652/-. 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, particularly Respondent Nos.4 to 9 to release the amount of Rs.7,55,652/- 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 6 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 08.09.2025 krk 7 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.18363 of 2025 08.09.2025 krk 89