APHC010454862024 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: 23438/2024 Between: 1. GADDAM KESHAVA REDDY, S/O. G. HANUMANTHA REDDY, AGED 51 YEARS, R/O. H.NO. 1-4, KAPA STREET, KONGANAPADU (PO), KALLURU (M) KURNOOL DISTRICT. ...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, 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 AT NAKKAL ROAD, SURYARAO PETA, VIJAYAWADA. 4. THE DISTRICT COLLECTOR, (PANCHYAT RAJ WING) KURNOOL, KURNOOL DISTRICT. 2 5. THE SUPERINTENDING ENGINEER, PRI DIVISION KURNOOL, KURNOOL DISTRICT. 6. THE EXECUTIVE ENGINEER, PRI DIVISION KURNOOL, KURNOOL DISTRICT. 7. THE DEPUTY DIRECTOR DMF, MINES AND GEOLOGY, KURNOOL, KURNOOL 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 or any other appropriate writ or direction declaring the action of the respondents in not releasing the total due payments of Rs.9,95,452/- vide CFMS No. 2024- 811080 i.e. 1) Amount Rs. 4,41,034/-, vide its Agreement dated 2023-24, M. Book No. 3856 B for providing Providing CC Road on the road from Nayakallu to Chetlamallapuram Road at Nayakallu (V) of Kallur (M) in Kurnool District (Bit -1), 2) Amount Rs. 4,41,818/-, vide its Agreement dated 2023-24, M. Book No. 3856 B for providing Providing CC Road on the road from Nayakallu to Chetlamallapuram Road at Nayakallu (V) of Kallur (M) in Kurnool District (Bit -2). as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and consequently direct the respondent authorities to release the pending bills of Rs. 9,95,452/- with for the pending bills forthwith for the above said works executed by the petitioner and pass such 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 may be pleased to direct respondents to consider for pending bills of Rs. 9,95,452/- vide CFMS No. 2024-811080 for the works executed by the petitioner Kalluru Mandal of Kurnool District in through the Agreements forthwith, pending disposal of the main Writ Petition and pass such Counsel for the Petitioner: 3 1. ANNAMNEEDI BALAKRISHNA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR MINES AND GEOLOGY 3. GP FOR FINANCE PLANNING The Court made the following: 4 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 23438 OF 2024 ORDER: 1. The petitioner had been awarded the contract of work(s) under the subject scheme in Kurnool District. After execution of the said contract, a final bill was prepared for a sum of Rs.9,95,452/- 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.8,82,852/- 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, 5 Kurnool, dated 16.07.2025, wherein, it is admitted that the petitioner is entitled for an amount of Rs.8,82,852/-. It is further stated that a letter has been addressed to the higher authorities for obtaining BRO from DD Mines. Soon after the receiving of the 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.8,82,852/- 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 6 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 SCH 7 294 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 23438 OF 2024 31.07.2025 SCH