APHC010368732025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 18995/2025 Between: 1. K VENKATESWARA RAO, S/O. VEERABHADRA RAO, AGE 55 YEARS,KAKINADA,EAST GODAVARI DISTRICT ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEPORTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR. 2. THE EXECUTIVE ENGINEER, PRI DIVISION, AMALAPURAM, EAST GODAVARI DISTRICT. 3. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR 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 2 pleased tomaybe 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 withholding the payments of pending amounts of Rs. 10,93,618/- (Ten Lakhs, Ninety Three Thousand, Six Hundred and Eighteen Rupees only ) even after finalizing the bills payable to the petitioner in relation to the works i.e Providing BT to the Road from 4/0 KM of Kajuluru to Babanagar R and B Road at Gollarevu Bridge to patha manjeru via Bodduvanilanka of Tallarevvu Mandal ,Agreement no. /2018-19, Dated 27.08.2018 For the year 2018 as bad ,illegal, arbitrary, improper, unjust and against the Article 21 of constitution of India and consequently direct the respondents to pay the amounts of Rs. 10,93,618/- (Ten Lakhs, Ninety Three Thousand, Six Hundred and Eighteen Rupees only ) with interest @ 24 percent per annum for the delayed amount till date of realization for the works executed by the petitioner and pass any other order or orders as this Honble Court may deem fit and proper in the facts and circumstances of the case. IA 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 may be pleased to direct the respondents to releasing the amounts Rs. 10,93,618/- (Ten Lakhs, Ninety Three Thousand, Six Hundred and Eighteen Rupees only ) payable to him, pending disposal of the write petition and pass such Counsel for the Petitioner: 1. DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING The Court made the following: 3 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:18995 OF 2025 ORDER: 1. The petitioner had been awarded the contract of work(s) under the subject scheme in Kakinada District. After execution of the said contract, a final bill was prepared for a sum of Rs.10,93,618/- 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.6,46,384/-, 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, P.R. Division, 4 Amalapuram, dated 08.09.2025, wherein, it is admitted that the petitioner is entitled for an amount of Rs.6,46,384/-. It is further stated that bills were under preparat ion in Nidhi module. After the creation of AS, TS and agreement, the work bill will be processed to Pay and Accounts Officer, thereafter, 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.6,46,384/- 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 and due 5 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 15.09.2025 SCH 6 182 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:18995 OF 2025 15.09.2025 SCH