1 APHC010412302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 21405/2025 Between: 1. KURITI APPALANAIDU, S/O. SWAMI NAIDU, AGED 46 YEARS, OCC CULTIVATION, R/O. D.NO.1-11, MAIN STREET, MAMIDIPALLI VILLAGE, SANTHAKAVITI MANDAL, SRIKAKULAM DISTRICT, NOW IN VIZIANAGARAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI GUNTUR DISTRICT. 2. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS. PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 3. DISTRICT COLLECTOR, VIZIANAGARAM DISTRICT 4. THE ASSISTANT EXECUTIVE ENGINEER, PANCHAYAT 2 RAJ DEPARTMENT, RAJAM, VIZIANAGARAM DISTRICT. 5. THE SUPERINTENDING ENGINEER, PANCHAYAT RAJ DEPARTMENT, VIZIANAGARAM DISTRICT. 6. THE EXECUTIVE ENGINEER, PANCHAYAT RAJ DEPARTMENT, RWS S DIVISION, VIZIANAGARAM DISTRICT. 7. THE DEPUTY EXECUTIVE ENGINEER, PANCHAYAT RAJ DEPARTMENT, RWSSUB DIVISION, RAJAM, VIZIANAGARAM DISTRICT. 8 8. THE DIVISIONAL ACCOUNTS OFFICER WORKS, PANCHAYAT RAJ DEPARTMENT, RWSS DIVISION VIZIANAGARAM. 9. THE PAY AND ACCOUNTS OFFICER, WORKS AND ACCOUNTS, D.NO.29-2-52, MANASA COMPLEX,RAMA MANDIRAM STREET, GOVERNORPET, VIJAYAWADA, 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 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 amount payable to the petitioner under M-Book Pass Order l.e.,1). M.Book No. 1508-B for Rs. 2,73,495/- for the completed work I.e., Agumentation of pws scheme Chittaramapuram, 2). M.Book No. 1476-B for Rs. 3,61,546/- for the completed work I.e., Agumentation of pws scheme, Kotaripuram 3) M.Book No. 1477- B for Rs. 4,07,417/- for the completed work I.e., Providing Distribution line at Boddam Village, 4) M.Book No. 1475-B Rs. 3,62,713/- for the completed work I.e., Agumentation of pumping main to Soperu Village, all together in total Rs. 14,05,171/-. Under SDF grant, even after finalizing bills as illegal, arbitrary and 3 violative of Articles 14 and 21 of the Constitution of India and also oppose to the settled principles of law, and consequently direct the respondents to comply forthwith by releasing petitioners amounts payable under M-Book Pass Order l.e.,1). M.Book No. 1508-B for Rs. 2,73,495/- for the completed work I.e., Agumentation of pws scheme Chittaramapuram, 2). M.Book No. 1476-B for Rs. 3,61,546/- for the completed work I.e., Agumentation of pws scheme, Kotaripuram 3) M.Book No. 1477- B for Rs. 4,07,417/- for the completed work I.e., Providing Distribution line at Boddam Village, 4) M.Book No. 1475-B Rs. 3,62,713/- for the completed work I.e., Agumentation of pumping main to Soperu Village, all together in total Rs. 14,05,171/-. Under SDF grant, and pass Counsel for the Petitioner: 1. PRATHIWADA VARUN KUMAR Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING 4 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.21405 of 2025 This Court made the following ORDER: The petitioner had been awarded the contract of work(s) under the subject scheme in Vizianagaram District. After execution of the said contract, a final bill was prepared for a sum of Rs.14,05,171/- 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.14,05,171/- 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 5 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 Division, Vizianagaram, dated 06.09.2025, wherein, it is admitted that the petitioner is entitled for an amount of Rs.14,05,171/-. It is further stated that uploading of bills to the PAO is under progress. Soon after the bills were uploaded, 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.14,05,171/- 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 6 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 08.09.2025 krk 7 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.21405 of 2025 08.09.2025 krk 92