1 NV,J W.P.No.21029 of 2024 APHC010412102024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 21029/2024 Between: 1. PATI SATYANARAYANA,, S/O. RAMARAO, AGE- 64 YEARS, R/O D.NO. 1-192, AMMAVARI PALEM, NEAR POLERAMMA TEMPLE, YELAMANCHILI MANDAL, KALAGAMPUDI, WEST GODAVARI DISTRICT - 534268 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, OFFICE AT NAKKAL ROAD, SURYARAO PETA, VIJAYAWADA. 3. THE DISTRICT COLLECTOR CUM DISTRICT PROGRAMME COORDINATOR, M.G.N.R.E.G SCHEME, WEST GODAVARI DISTRICT AT ELURU. 4. THE EXECUTIVE ENGINEER, P.R.I DIVISION, M.G.N.R.E.G SCHEME, NARSAPURAM, WEST GODAVARI DISTRICT 5. THE ASST ENGINEER, MANDAL PARISHAD, ELEMANCHILI, WEST GODAVARI DISTRICT. 6. THE KALAGAMPUDI PANCHAYAT SECRETARY, KALAGAMPUDI VILLAGE, ELEMANCHILI MANDAL, WEST GODAVARI DISTRICT. 7. THE DIRECTOR, M.G.N.R.E.G SCHEME, MINISTRY OF RURAL 2 NV,J W.P.No.21029 of 2024 DEVELOPMENT, GOVERNMENT OF INDIA, KRUSHI BHAAVAN, NEW DELHI. 8. THE STATE OF ANDHRA PRADESH, REP.BY PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, 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 pleased topleased to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the Respondents in not releasing the refund of 2.5percent of Earnest Money Deposit (EMD) and 7.5percent of Withheld amount of total pending Amount of Rs. 94,051/- 1) Rs. 12,500/- (EMD) and Rs.59,494/- (withheld) vide M Book No. 693B/PRI/2017-18 and 2) Rs. 1,513/- (EMD) and Rs.20,544/-(withheld) vide M Book No. 1014B/MGNREGS/2017-18, for the delayed amount to the petitioner in respect of above-mentioned work forthwith and consequently direct the respondents to pay the total amount of Rs. 94,051/-, 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 pleased to direct the respondents to release the refund of 2.5percent of Earnest Money Deposit (EMD) and 7.5 of Withheld amounts as total pending Amount of Rs. 94,051/- in 1) M Book No. 693B/PRI/2017-18 and 2) M Book No. 1014B/MGNREGS/2017-18, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. ANNAMNEEDI BALAKRISHNA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING 3 NV,J W.P.No.21029 of 2024 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 21029 OF 2024 ORDER: 1. The petitioner had been awarded the contract of work(s) under the subject scheme in West Godavari District. After execution of the said contract, a final bill was prepared for a sum of Rs.94,051/- 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 for Revenue placed on record written instructions submitted by the Executive Engineer, PRI Division, Narsapur, West Godavari District dated 16.07.2024 stating that, since the budget was not released by the Government, the bills were not paid to the 4 NV,J W.P.No.21029 of 2024 petitioner. Soon after release of the budget by the Government, the bills 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.94,051/- 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, 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, within a period of two (02) 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. 7. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. _____________________________________ VENKATESWARLU NIMMAGADDA,J 17.07.2024 SP 5 NV,J W.P.No.21029 of 2024 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 21029 OF 2024 17.07.2024 W SP