APHC010534352024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 28039/2024 Between: 1. P C PRADEEP, S/O S PRABHAKAR RAJ AN, 48 YEARS, OCC CONTRACTOR, R/O.1-74/1, RAM NAGAR, ANDHRA PRADESH 517401. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, PANCHAYATRAJ AND RURAL DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE DISTRICT COLLECTOR, CHITTOOR, CHITTOOR DISTRICT. 3. THE DISTRICT PANCHAYAT OFFICER, CHITTOOR DISTRICT. 4. THE MANDAL PARISHAD DEVELOPMENT OFFICER, RAMAKUPPAM MANDAL, CHITTOOR DISTRICT. 5. RAMKUPAM MAJOR GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY/EXECUTIVE OFFICER, RAMA KUPPAM MANDAL, CHITTOOR DISTRICT 6. THE EXECUTIVE ENGINEER, PRI DIVISION, CHITTOOR, CHITTOOR DISTRICT. 7. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI,GUNTUR DISTRICT ...RESPONDENT(S): 2 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 of mandamus or any other appropriate writ or direction declaring the action of the Respondents in withholding the payment of Rs.2,00,000/- and Rs.3,50,000/- totally an amount of Rs. 5,50,000/- even after finalizing the bills, payable to the petitioner in relation to the works i.e., leveling of the road with mud, vide Resolution No. 75/ Dt 03.12.2018 and laying/providing CC road at Eguva Ayyappagaripalle, H/o. Ramakuppam vide Resolution No. 112/2019, dt.08.03.2019, is questioned, as the same is illegal, arbitrary and consequently direct the respondents to consider for payment of balance amount of Rs.2,00,000/- and Rs.3,50,000/- totally an amount of Rs. 5,50,000/- with interest @12 percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned work forthwith 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 please to direct the respondents to consider for payment of balance amount of Rs.2,00,000/- and Rs.3,50,000/- totally an amount of Rs. 5,50,000/- even after finalizing the bills, payable to the petitioner in relation to the work i.e., leveling of the road with mud, vide Resolution No. 75/ Dt: 03.12.2018 and laying/providing CC road at Eguva Ayyappagaripalle, H/o. Ramakuppam vide Resolution No. 112/2019, dt.08.03.2019, forthwith, pending disposal of the Writ Petition and pass such Counsel for the Petitioner: 1. SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats 4. GP FOR FINANCE PLANNING The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 28039 of 2024 ORDER: The petitioner had been awarded the contract of work(s) under 14th Finance Grant in Chittoor District. After execution of the said contract, final bills were prepared for an amount of Rs.2,00,000/- and Rs.3,50,000/-, totally a sum of Rs.5,50,000/- 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 4. On the other hand, learned Standing Counsel for the respondent Nos.4 and 5 placed on record the written instructions passed by the respondent Nos.4 and 5 dated 22.04.2025 and 11.07.2025 stating that at present there is no funds in Ramakuppam Gram Panchayath. After receiving funds to Ramakuppam Gram Panchayath, the above payment may be made 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.5,50,000/- 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, 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, within a period of two (02) 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, if any 5 payable by the respondents, in an appropriate forum. There shall be no order as to costs. 7. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 1155..0077..22002255 ssjj 6 174 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 28039 of 2024 1155..0077..22002255 ssjj ....