APHC010475982024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) \ V or Vi'’ X '/j$ Q 0 WEDNESDAY, THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 24529 OF 2024 O Between: K. Malleshwar Reddy, S/o. Kuppi Reddy Gari Rami Reddy, Age about 50 years, Occ: Agriculture R/o. Kapu Palle Village, Kurmai Post, Palamaner Mandal, Chittoor District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep., by its Principal Secretary, Finance and Planning Department Amaravathi, Guntur District. 2. The State of Andhra Pradesh, Rep., by its Principal Secretary, Panchayath/RWS Department, Secretariat Buildings, Guntur District. 3. The District Collector, Chittoor District Chittoor. 4. The Chief Engineer, Rural Water Supply Department, Vijayawada, Krishna District, 5. The Superintendent Engineer, Rural Chittoor District. 6. The Deputy Executive Engineer, Rural Water Supply Department Sub- Division, Palamaner, Chittoor District. 7. The Assistant Engineer, Rural Water Supply Department Palamaner, Chittoor District. Secretariat Buildings, Velagapudi Water Supply Department, ...Respondents 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 to issue an appropriate Writ, Order or direction more particularly r'. one in the nature of Writ of Mandamus declaring the inaction on the part of the respondents to pay the bills for an amount of Rs.3,47,019/-, Rs. 3,53,260/- and Rs. 3,64,086/-,for the works executed by petitioner through. Agreements, dated 15-10-2023, under Gadapa Gadapaku manna Prabuthvam Scheme in spite of lapse of 2 years of completion of the works as arbitrary, illegal, contrary to the settled legal position apart from being voilative of fundamental r rights guaranteed to petitioner under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents No. 2 to 6 to pay the bills for an total amount of Rs.3,47,019/- Rs. 3,53,260/- and Rs. 3,64,086/-, for the works executed by petitioner through. Agreements, dated 15-10-2023, respectively. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to pay an amount of Rs.3,47,019/-, Rs. 3,53,260/- and Rs. 3,64,086/-,for the works executed by petitioner through. Agreements dated 15-10-2023 respectively, pending disposal of the above Writ Petition. Counsel for the Petitioner: Ms.S. PARINEETA Counsel for the Respondent Nos.1 & 3 :GP FOR FINANCE AND PLANNING Counsel for the Respondent Nos.2, 4 to 7 : GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT The Court made the following order: 4. 1 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA 4 WRIT PETITION NO: 24529 OF 2024 ORDER: The petitioner had been awarded the contract of work(s) under the 1. subject scheme in Chittoor District. After execution of the said contract, a final bill was prepared for a sum of 1) Rs.3,47,019/- (2) Rs.3,53,260/- (3) 3,64,086/- 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 Standing Counsel placed on record written instructions submitted by Deputy Executive Engineer, RWS&S Sub Division Palamaner dated 02.098.2025, admitting amounts of (1) Rs.3,50,876/- (2) Rs.3,44,533/- (3) Rs.3,62,710/-. totaling to Rs. 10,58,119/- to be paid to the petitioner. It is stated that, since the budget was not released by the 2 Government, the bills budget by the Government, the bills will were not paid to the petitioner. Soon after release of the be paid to the petitioner. In view of the facts and circumstances submitted i 5. in the affidavit, and the in various cases and after hearing the submissions this Writ Petition is disposed of with a the amount of Rs. 10,58,119/- to the directions of this Court i of loarned counsel for th© petitioner. direction to the respondents to release 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 i both the parties. In the absence component in the agreement, the respondents IS due and payable, the same is binding upon of any clause with regard to interest are directed to release the per annum on delayed payment, in view 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 amount along with the interest @ 6% of the judgment of the Hon’ble Division Bench a copy of this order. 7. It would also be open to the petitioner to of interest or differential amount agitate his claim for higher rate if any payable by the respondents, iin an appropriate forum. There shall be no order as to costs. 8. Consequently, Miscellaneous Petitions, Petition shall stand closed. if any, pending in this Writ //TRUE COPY// Sd/- M. SRINIVAS ASSISTANT RE^STRAR SECTIC^OFFICER To, 1. The Principal Secretary, Finance and Planning Department, State of Andhra Pradesh, Secretariat Guntur District. Buildings, Velagapudi, Amaravathi 2. The Principal Secretary, Panchayath/RWS Department, State of Andhra Pradesh, Secretariat Buildings, Guntur District. 3. The District Collector, Chittoor District Chittoor. 4. The Chief Engineer, Rural Water Supply Department, Vijayawada, Krishna District, 5. The Superintendent Engineer, Rural Chittoor District. Water Supply Department, 6. The Deputy Executive Engineer, Rural Water Supply Department Sub- Division, Palamaner, Chittoor District. 7. The Assistant Engineer, Rural Water Supply Department Palamaner, Chittoor District. 8. One CC to Ms. S. Parineeta, Advocate [OPUC] 9. Two CCs to GP for Panchayat Raj & Rural Development, High Court of Andhra Pradesh [OUT] 10.TWO CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT] 11 .Two CD Copies Cnr HIGH COURT DATED:03/09/2025 ORDER WP NO. 24529 OF 2024 ANDH^ 10 SEP 2025 ^ . Current Section o X o DISPOSING OF THE W.P. WITHOUT COSTS