1 NV,J W.P.No.29429 of 2024 APHC010553842024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 29429/2024 Between: 1. CHEVURU NARAYANAMMA, S/O. CHINNASUBBAIAH, AGE. 45 YEARS,ADURUPALLI, CHEJERLA, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE DISTRICT PANCHAYAT OFFICER, SPSR NELLORE DISTRICT 4. THE PROJECT DIRECTOR, MGNREGS SCHEME, SPSR NELLORE DISTRICT 5. THE MANDAL PRAJA PARISHAD DEVELOPMENT OFFICER, CHEJERLA MANDAL, NELLORE DISTRICT. 6. THE ADURUPALLI GRAM PANCHYAT, REP. BY ITS PANCHAYAT SECRETARY, CHEJERLA MANDAL, NELLORE DISTRICT. 7. THE COMMISSIONER AND DIRECTOR OF A P STATE HOUSING CORPORATION, VIJAYAWADA 8. THE PROJECT DIRECTOR P D, HOUSING CORPORATION, SPSR NELLORE 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 2 NV,J W.P.No.29429 of 2024 tomay be pleased to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondent authorities in not releasing the Part -Payment of Rs. 4,50,765/- (Four Lakh Fifty Thousand Seven Hundred and sixty Five Only) for the work executed by the petitioner underwork I.D No. 9092020000813, 9092019004013, 9092019100054, 9092019004191, 9092020000885, 9092021000851, 9092020002123, 9092020003193, 9092020003197,9092021100001. dated 07.12.2021, as arbitrary, illegal, contrary to Law and against the Principles of Natural Justice and to issue a consequential direction directing the respondent authorities to release the amounts payable to the petitioner with an interest at the rate of 24 percent per annum and to 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 respondent authorities to forthwith release the Part- Payments of Rs. 4,50,765/- (Four Lakh Fifty Thousand Seven Hundred and sixty Five Only) for the work executed by the petitioner vide FTR No. 9092020000813, 9092019004013, 9092019100054, 9092019004191, 9092020000885, 9092021000851, 9092020002123, 9092020003193, 9092020003197, 9092021100001 pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1. KALYAN CHAKRAVARTHY R 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. E V JAGANNADHA RAO (SC FOR AP STATE HOUSEING COOP LTD) 4. GP FOR PANCHAYAT RAJ RURAL DEV 5. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats 6. GP FOR FINANCE PLANNING The Court made the following: 3 NV,J W.P.No.29429 of 2024 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 29429 OF 2024 ORDER: 1. The petitioner had been awarded the contract of work(s) under the subject scheme in Nellore District. After execution of the said contract, a final bill was prepared for a sum of Rs.4,50,765/- 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 for Respondent No.6 filed counter affidavit admitting about the claim of the petitioner for an amount of Rs.4,50,765/-. He would submit 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.29429 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, this Writ Petition is disposed of with a direction to the respondents to release the amount of Rs.4,50,765/-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 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 17.07.2024 SP 5 NV,J W.P.No.29429 of 2024 273 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 29429 OF 2024 17.07.2024 W SP