APHC010375722025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 19269/2025 Between: 1. L. LOKESWARA REDDY, ,S/O. LATE NAGARATNAM REDDY, AGED 54 YEARS,OCC- CONTRACTOR, 5-19/1, MATYAM PAIPALLE (V), MUTTUKURU PANCHAYAT, THAVANAMPALLE MANDAL, CHITTOOR DISTRICT. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT 3. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, NH -16, TADEPALLI, GUNTUR DISTRICT. 4. THE DISTRICT COLLECTOR PANCHAYAT WING, CHITTOOR DISTRICT, AT CHITTOOR. 5. THE EXECUTIVE ENGINEER, PRI DIVISION, CHITTOOR, CHITTOOR DISTRICT. 6. THE ECHANERI GRAMPANCHAYAT, REPRESENTED BY ITS 2 SECRETARY, ECHANERI, IRALA MANDAL, CHITTOOR DISTRICT. 7. THE PUTRAMADHI GRAMPANCHAYAT, REPRESENTED BY ITS SECRETARY, PUTRAMADHI, IRALA MANDAL, CHITTOOR DISTRICT. 8. THE CHIEF PLANNING OFFICER, CHITTOOR COLLETORATE, CHITTOOR, CHITTOOR DISTRICT. 9. THE ASSISTANT PAY AND ACCOUNTS OFFICER, CHITTOOR, CHITTOOR 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 tomay be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents in not releasing the final bills amount of Rs.2,62,179/- Rs.4,21,641/- and Rs.4,22,213/-total of Rs.11,06,033/-to the petitioner for the works Construction of road from Kamaluru- Cherlopalle road to Sivakona Temple of Eachaneri Gram Panhayat in Irala Mandal,Construction of road from Putramadhi road to Kullampalle and Jagananna Colony of Putramadhi Gram Panchayat in Irala Mandal and Construction of road from Pendligundlapalle - Kanipakam road to Damaragunta of Putramadhi Gram Panchayat in Irala Mandal, execute under Chief Minister Development Funds as illegal, arbitrary and violative of provisions of the Andhra Pradesh Panchayat Raj Act, 1994 and unconstitutional and consequently direct the respondents to release funds amounting Rs.2,62,179/-, Rs.4,21,641/- and Rs.4,22,213/- totalling Rs.11,06,033/- to the petitioner for the works executed by him under Chief Minister Development Funds and to pass 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 the final bills amount of Rs.2,62,179/-; Rs.4,21,641/-; and Rs.4,22,213/- total of Rs.11,06,033/- to the petitioner for the works executed by him under Chief Minister Development Funds, pending disposal of the main writ petition and to pass Counsel for the Petitioner: 3 1. RAMESH BABU TALLURI 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:19269 OF 2025 ORDER: 1. The petitioner had been awarded the contract of work(s) under the subject scheme in Chittoor District. After execution of the said contract, a final bill was prepared for a sum of Rs.11,06,033/- 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.9,64,045/-, 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, PRI Division, Chittoor, dated 18.08.2025, wherein, it is admitted that the petitioner is entitled for an amount of Rs.9,64,045/-. It is further stated that budget is not available 5 and BRO is to be released by the Government. Soon after the release of BRO, 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.9,64,045/- 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 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 04.09.2025 SCH 6 124 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:19269 OF 2025 04.09.2025 SCH