■C APHC010476022024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) i WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 24600 OF 2024 Between: K Venu Gopal Reddy, S/o K. Rama Krishna Reddy, Age about 32 years Occ Agriculture, R/o. Rammana Palli Village, Lakkana Palli Post, Bairedlapalli Mandal, Chittoor District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep., by its Principal Secretary, Finance and Planning Department, Secretariat Buildings, Velagapudi, 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 Water Supply Department, Chittoor District. 6. The Deputy Executive Engineer, Rural Water Supply Department, Sub- Division, Palamaner, Chittoor District. 7. The Assistant Engineer, Rural Water Supply Department, Bairedlapalli, C^ittoor District. ...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 pleased to issue an appropriate Writ, Order or direction more particularly 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. 1,39,080/- for the works executed by petitioner through. Agreement, dated 01-04-2020, under Transportation of Drinking Water to the village, in spite of lapse of 4 years of completion of the works as arbitrary, illegal, contrary to the settled legal position apart from being violative of fundamental rights guaranteed to petitioner under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents No. 2 to 7 to pay the bills for an total amount of Rs. 1,39,080/- for the works executed by petitioner throuah. Agreement, dated 01-04-2020, 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 petition, the High Court may be pleased to direct the respondents to pay an amount of Rs. 1,39,080/- for the works executed by petitioner through. Agreement, dated 01-04-2020 respectively, pending disposal of the above Writ Petition Counsel for the Petitioner: M/s. S PARINEETA Counsel for the Respondent Nos.1 & 3 : GP FOR FINANCE AND PLANNING Counsel for the Respondents No.2, 4 to 7 : GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT The Court made the following order: 1 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 24600 OF 2024 ORDER: 1. The petitioner had been awarded the contract of work(s) under the subject scheme in Chittpor District. After execution of the said contract, a finai bill was prepared for a sum of Rs.1,39,080/- 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 squiring the interference of this Court. This Court, in various orders, including the judgment of a learned Single 3. Judge of this Court dated 05.10.2021 in W.P.No.10038 of2021 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. On the other hand, learned Standing Counsel placed on record written instructions submitted by Deputy Executive Engineer, RWS&S Sub Division, Palamaner dated 02.09.2025, admitting amount of Rs.1,39,080/- to be paid to \ the petitioner. It is stated that, since the budget was not released by the Government, the bills were not paid to the petitioner. Soon after release of the budget by the Government, the bills will be paid to the petitioner. 4. \ 2 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. 1,39,080/- to the . petitioner. 5. 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'bie 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. 6. 7. It would also be open to the petitioner to agitate his claim for higher rate of interest or differential amount, if any payable by the respondents, in an appropriate forum. There shall be no order as to costs. 8. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. Sd/- N NAGAMMA ASSISTANT REC^StRAR SECTION OFFICER //TRUE COPY// To, Pradesh, Finance and Buildings, Velagapudi, Amaravathi Principal Secretary, State of Andhra 1. The Planning Department, Secretariat Guntur District. 2. The Principal Secretary, State of Department, Secretariat Buildings Guntur District. Andhra Pradesh, Panchayath/RWS 3. The District Collector, Chittoor District Chittoor. 4. The Chief Engineer, Rural Water Supply Department Vijayawada, Krishna District, 5. The Superintendent Engineer, Rural Water Supply Department, Chittoor District. 6. The Deputy Executive Engineer, Rural Water Supply Department Sub- Division, Palamaner, Chittoor District. 7. The Assistant Engineer, Rural Water Supply Department Bairedlapalli, Chittoor District. 8. One CC to M/S. S PAR INEETA Advocate [OPUC] 9. Two CCS to GP FOR PANCHAYAT RAJ RURAL DEV 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 gsg >» HIGH COURT DATED: 03/09/2025 ORDER WP NO. 24600 OF 2024 I H SEP 2025 S' Cgrrenl becllon cwep. DISPOSING THE WP WITHOUT COSTS