1 NV,J W.P.No.26193 of 2024 APHC010503472024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 26193/2024 Between: 1. M MAHABOOB BI, W/O. LATE BAKAR SAHEB, AGED ABOUT 67 YEARS, R/O.4-4, KALVA ORVAKAL VILLAGE AND MANDAL, KURNOOL DISTRICT ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT 3. THE DISTRICT COLLECTOR PR, KURNOOL DISTRICT, KURNOOL 4. THE EXECUTIVE ENGINEER, PRI DIVISION, 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 an appropriate writ, order or direction more particularly one in the nature Writ of Mandamus, declaring the action of the respondents in not paying the admitted bill of Rs. 3,98,114/- for the work of providing pucca internal roads/streets including drainage system and 2 NV,J W.P.No.26193 of 2024 culverts with in a village under convergence funds at location from Mallela Venkata Ramana House to Uyyalawada Venkata Ramana House and other side roads in Kalva Bugga ( Habitation) and Kalva (GP) of Orvakal Mandal under MGNREGS scheme, vide agreement entered with 4threspondent on 15.11.2017, as illegal, arbitrary, violative of Article 14 and 19(g) of the Constitution of India and consequently direct the Respondents to forthwith release the payments of above bill amount along with interest and pass 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 the respondents to forthwith process and release the pending bill of Rs. 3,98,114/- for the work of work of providing pucca internal roads/streets including drainage system and culverts with in a village under convergence funds at location from Mallela Venkata Ramana House to Uyyalawada Venkata Ramana House and other side roads in Kalva Bugga ( Habitation) and Kalva (GP) of Orvakal Mandal under MGNREGS Scheme and pass Counsel for the Petitioner: 1. K NAGA PHANINDRA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING The Court made the following: 3 NV,J W.P.No.26193 of 2024 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 26193 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.3,98,114/- 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 Government Pleader placed on record written instructions submitted by the Executive Engineer, PRI Division, Kurnool dated 23.06.2025 stating 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 NV,J W.P.No.26193 of 2024 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, though the respondents admitted that balance amount to be paid by the petitioner is Rs.4,41,630/-, since the petitioner has putforth his claim for Rs.3,98,114/-, this Court cannot go beyond the relief claimed, as such, this Writ Petition is disposed of with a direction to the respondents to release the amount of Rs.3,98,114/- 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 two (02) months from the date of receipt of a copy of this order. 7. It would also be open to the petitioner to agitate her claim for higher rate of interest, if any payable by the respondents, in an appropriate forum. There shall be no order as to costs. 5 NV,J W.P.No.26193 of 2024 8. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. _____________________________________ VENKATESWARLU NIMMAGADDA,J 12.08.2024 SP 6 NV,J W.P.No.26193 of 2024 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 26193 OF 2024 12.08.2024 W SP