APHC010365022024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 18519/2024 Between: 1. P PRASAD REDDY, S/O.P BAYYAPA REDDY, AGED ABOUT 53 YEARS, OCC CONTRACTOR, R/O.H.NO. 17/9-B4-C3-A1, KANALA ANKI REDDY COLONY KOILAKUNTLA VILLAGE AND MANDAL, NANDYAL DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, 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 STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HOUSING, SECRETARIAT BUILDINGS, VELAGAPUD AMARAVATHI, GUNTUR DISTRICT. 4. THE MANAGING DIRECTOR, AP STATE HOUSING CORPORATION (APSHCL) VIJAYAWADA, NTR DISTRICT. 5. THE PROJECT DIRECTOR, DISTRICT HEAD HOUSING, AP STATE HOUSING CORPORATION LIMITED NANDYAL, NANDYAL DISTRICT. 2 6. THE EXECUTIVE ENGINEER, RWS AND S (P) DIVISION, NANDYAL, NANDYAL DISTRICT. 7. THE EXECUTIVE ENGINEER, RWS AND S (P) DIVISION, NANDYAL, NANDYAL DISTRICT. 8. THE CHIEF EXECUTIVE OFFICER, , AP CFMS OFFICE, 6TH FLOOR, C-BLOCK, ANJANEYA TOWERS, IBRAHIMPATNAM, KRISHNA 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 toPleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the respondent not releasing the payment of net balance amount Rs 357803/- vide M book No 3064-B, even after finalizing the bills, payable to the petitioner in relation to the works i.e., providing 7.50 HP 3 phase submersible pump sets with required accessories to the bore wells in koilakunta GP of Koiakunta Manda under Layout ID 134312A106870, vide agreement No /2022-23, dated 28.11.2022 is questioned as the same is illegal, arbitrary and consequently direct the respondent to consider for payment of amount of Rs357803/- vide m book No 3064-B with interest 24per annum for the delayed amount to the petitioner in respect of execution of above mentioned work forthwith and 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 lease to direct the respondents to consider for payment of amount of Rs.3,57,803/- vide M Book No. 3064-B with interest @24% per annum for the delayed amount to the petitioner in respect of execution of works i.e. Providing 7.50 HP 3 phase submersible pump sets with required accessories to the bore wells in Koilakuntla GP of Koilakuntla Mandal under Layout /2022-23, datedID 134312LA106870, vide Agreement No. 28.11.2022, forthwith, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. BATHALA RAMESH Counsel for the Respondent(S): 3 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. E V JAGANNADHA RAO (SC FOR AP STATE HOUSEING COOP LTD) 3. GP FOR HOUSING 4. GP FOR FINANCE PLANNING The Court made the following: 4 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:18519 OF 2024 ORDER: 1. The petitioner had been awarded the contract of work(s) under the subject scheme in Nandyal District. After execution of the said contract, a final bill was prepared for a sum of Rs.3,57,803/- 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, RWS&S(P) Sub- Division, Nandyal, wherein, it is stated that since the budget was not released by the 5th respondent to the Executive Engineer, RWS&S(P) Sub-Division, Nandyal, the bills were not paid to the petitioner. Soon after release of the budget by the 5th respondent, the bills will be paid to the petitioner. 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.3,57,803/- 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 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, 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 10.09.2025 SCH 6 208 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:18519 OF 2024 10.09.2025 SCH