APHC010007132025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 859/2025 Between: 1. SATYA CONSTRUCTIONS, , REP BY ITS MANAGING PARTNER Y. PEDDIRAJU, S/O. VENKATA SWAMI NAIDU, AGED ABOUT 41 YEARS, R/O.D,NO. 3-20-1/10/1, FFL, SAINADH RESIDENCY, RAMACHANDRA RAJU STREET, KAKINADA, EAST GODAVARI DISTRICT - 533003 ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT FINNANCE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, OFFICE NH 16, TADEPALLI, GUNTUR DISTRICT. 4. THE DISTRICT COLLECTOR, (PANCHYAT RAJ WING) WEST GODAVARI DISTRICT AT BHIMAVARAM. 5. THE EXECUTIVE ENGINEER, P.R.I. DIVISION, NARSAPUR,WEST GODAVARIDISTRICT. 2 NV,J W.P.No.859 of 2025 6. THE DEPUTY EXECUTIVE ENGINEER, P.R.I. SUB-DIVISION, NARSAPUR, WEST GODAVARI DISTRICT. 7. THE REVENUE DIVISIONAL OFFICER, NARSAPUR REVENUE DIVISION, WEST GODAVARI DISTRICT. 8. THE MANDAL REVENUE OFFICER, NARSAPUR MANDAL, WEST GODAVARI 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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondents in withholding the payments Rs. 10,00,000/-, of M.Book.No.531A/PAI/15-16 in respect of work for Repairs and Renovation of Tahsildar Office Building at Narsapur, and consequently direct the respondents to release for total withholding amounts of Rs. 10,00,000/-,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 pleased to direct the respondents to release the total Pending Amount of Rs. 10,00,000/-, for the material cost and the labour supplied by the petitioner for Repairs & Renovation of Tahsildar Office Building at Narsapur., and to pass Counsel for the Petitioner: 1. ANNAMNEEDI BALAKRISHNA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE 3. GP FOR FINANCE PLANNING The Court made the following: 3 NV,J W.P.No.859 of 2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 859/2025 ORDER: 1. The petitioner had been awarded the contract of work(s) under the subject scheme in East Godavari District. After execution of the said contract, a final bill was prepared for a sum of Rs.10,00,000/- 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.8,33,793/- 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(FAC), PRI Division, Narasapur, West Godavari District, 16.07.2025, wherein, it is admitted that the petitioner is entitled for an amount of Rs.8,33,793/-. It is further stated that due 4 NV,J W.P.No.859 of 2025 to insufficient budget, the amount was not paid. Soon after release of the budget, 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. 8,33,793/- 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 31.07.2025 KGR 5 NV,J W.P.No.859 of 2025 276 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 859 OF 2025 31.07.2025 KGR