APHC010467602024 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: 24134/2024 Between: 1. K. RAMAKRISHNA REDDY,, S/O. K. MADDILETI REDDY, AGED 64 YEARS, R/O. 1-114, KORATAMADDI, GADIVEMULA (M) NANDYAL DISTRICT. 2. K. VISHNU VARDHANA REDDY,, K. CHANDRA SEKHAR REDDY, AGED 42 YEARS, R/O. 1-15, BUSTAND STREET, NAYAKALLU (POST), KALLUR (M), NAYAKALLUM KURNOOL DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT PANCHAYAT RAJ DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT FINANCE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE COMMISSIONER, PANCHAYAT RAJ DEPARTMENT, OFFICE AT NAKKAL ROAD, SURYARAO PETA, VIJAYAWADA. 2 4. THE DISTRICT COLLECTOR, (PANCHYAT RAJ WING) KURNOOL, AT KURNOOL DISTRICT. 5. THE SUPERINTENDING ENGINEER, PRI DIVISION, KURNOOL, AT KURNOOL DISTRICT. 6. THE EXECUTIVE ENGINEER, PRI DIVISION, KURNOOL, AT KURNOOL DISTRICT. 7. THE PAY AND ACCOUNTS OFFICER, 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 topleased 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.11,03,090/- i.e. 1) Amount Rs. 4,60,255/-, vide M. Book No. 4522-B for Providing CC road from KammaruShankaraiah to Mangali Anjuaneyulu and other streets in Nayakallu (V) of Kallur (M), 2) Amount Rs. 4,60,711/-, vide M. Book No. 4522-B for Providing CC road from Kontaiah shop to JikkiBaladas (H) and other streets in Nayakallu (V) of Kallur (M) and 3) Amount Rs. 1,82,124/-, vide M. Book No. 4522-B for Providing CC road from Telugu Yellamma (H) to Telugu Kondamaddamma (H) and other streets in Nayakallu (V) of Kallur (M) under GGMP Grant 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. 11,03,090/- with for the pending bills forthwith for the above said works executed by the petitioner 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 respondents to consider for pending bills of Rs. 11,03,090/- for the works executed by the petitioner under GGMP grant in Kalluru Mandal 3 of Kurnool District in through the Agreements forthwith, pending disposal of the main Writ Petition Counsel for the Petitioner(S): 1. ANNAMNEEDI BALAKRISHNA 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: 24134 OF 2024 ORDER: 1. The petitioners have 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.11,03,090/- as per the sanctioned orders. As the payment of the said amount has not been made by the respondents, the petitioners have approached this Court by way of this writ petition. 2. It is the contention of the petitioners that even though the respondents admitted that the petitioners are entitled for payment of Rs.10,70,363/- no payment is being made. The petitioners contend 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 30.07.2025, wherein, it is admitted that the petitioners are entitled for an amount of Rs.10,70,363/-. It is further stated that a letter has been addressed to the Chief Planning Officer, Kurnool for releasing of the amount, for making payment to the petitioners. Soon after the receipt of the BRO, the bill amount entitled by the petitioners will be paid to the petitioners. 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 petitioners, this Writ Petition is disposed of with a direction to the respondents to release the amount of Rs.10,70,363/- to the petitioners. 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 petitioners to agitate their claim for higher rate of interest and 6 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 SCH 7 295 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 24134 OF 2024 31.07.2025 SCH