1 NV,J W.P.No.30464 of 2024 APHC010582622024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 30464/2024 Between: 1. SURYAKARI RAJA MAHESH RAO, S/O. SURYAKARI GODDOJI RAO, AGED 60 YEARS, R/O. 1-97-4, GOOTY ROAD, DHONE MANDAL, KURNOOL DISTRICT, ANDHRA PRADESH - 518 222. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, NANDYAL, NANDYAL DISTRICT. 4. THE COMMISSIONER, PANCHAYAT RAJ DEPARTMENT, NO. 12- 47, PVS EMPIRE ROAD TADEPALLI, GUNTUR DISTRICT. 5. THE A P STATE HOUSING CORPORATION LTD, REP. BY ITS MANAGING DIRECTOR, AUTO NAGAR, APSHCL, HEAD OFFICE, VIJAYAWADA. 6. THE ENGINEERINCHIEF/CHIEF ENGINEER, PANCHAYAT RAJ 2 NV,J W.P.No.30464 of 2024 DEPARTMENT, BANDAR ROAD 0PP. PWD GROUNDS, VIJAYAWADA, ANDHRA PRADESH. 7. THE DISTRICT HEAD HOUSING FAC, A.P. STATE HOUSING CORPORATION LTD. NANDYAL DISTRICT, ANDHRA PRADESH. 8. THE SUPERINTENDING ENGINEER, PANCHAYAT RAJ CIRCLE, KURNOOL, KURNOOL DISTRICT. 9. THE EXECUTIVE ENGINEER, PRI DIVISION, KURNOOL, KURNOOL DISTRICT. 10. THE EXECUTIVE ENGINEER, PANCHAYAT RAJ (PIU) DIVISION, NANDYAL (ERSTWHILE KURNOOL) DISTRICT. 11. THE MANDAL ENGINEERING OFFICER, MANDAL PRAJA PARISHAD, DHONE MANDAL, NANDYAL (ERSTWHILE KURNOOL) DISTRICT. 12. THE PAY AND ACCOUNTS OFFICER, WORKS AND ACCOUNTS DEPARTMENT, NANDYAL (ERSTWHILE KURNOOL) DISTRICT 13. THE PAY AND ACCOUNTS OFFICER, WORKS AND ACCOUNTS, D.NO. 29-2-52, MANASA COMPLEX RAMA MANDIRAM STREET, GOVERNORPET, VIJAYAWADA, KRISHNA 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 a direction or order more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondent Authorities in not releasing the pending bill amount of Rs. 16,94,029/- pertaining to M-Book Number vide MB 3940-A in relation to the works executed i.e., (a) Construction of Pipe Culvert in New Housing Plot No.201 Udumulapadu village in Dhone (M), (b) Construction of Pipe Culvert in New Housing Plot No.236 Udumulapadu village in Dhone (M), (c) Construction of Pipe Culvert in New Housing Plot No.270 Udumulapadu village in Dhone (M) and (d) Construction of Pipe Culvert in New Housing Plot No.628 Udumulapadu village in Dhone (M) vide Agreement No. /2022-23 dated 09.11.2022 under NPI Phase-1 Grant is questioned as the same is illegal, arbitrary, violative of principles of natural justice violative of provisions of Clause 68 of the Andhra Pradesh Detailed Preliminary Standard 3 NV,J W.P.No.30464 of 2024 Specification and violative of Articles 14, 21 and 300-A of Constitution of India and consequently direct the Respondent Authorities to pay the said total pending amounts with interest at the rate of 24 percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned works forthwith 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 pay the pending bills, a total amount of Rs. 16,94,029/- under NPI Phase-1 Grant, payable to the petitioner herein with interest till date as per the M-Book Number vide MB 3940-A in relation to the works executed i.e., (a) Construction of Pipe Culvert in New Housing Plot No.201 Udumulapadu village in Dhone (M), (b) Construction of Pipe Culvert in New Housing Plot No.236 Udumulapadu village in Dhone (M), (c) Construction of Pipe Culvert in New Housing Plot No.270 Udumulapadu village in Dhone (M) and (d) Construction of Pipe Culvert in New Housing Plot No.628 Udumulapadu village in Dhone (M) vide Agreement No. /2022-23 dated 09.11.2022 pending disposal of this writ petition and to pass Counsel for the Petitioner: 1. RAMESH BABU TATAPUDI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING The Court made the following: 4 NV,J W.P.No.30464 of 2024 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 30464 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.16,94,029/- 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 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. 4. On the other hand, learned Government Pleader placed on record written instructions submitted by the Executive Engineer, PR (PIU) Division, Kurnool dated 17.07.2025, admitting an amount of Rs.16,94,029/- to be paid to the petitioner. It is stated that, since the budget was not released by the 5 NV,J W.P.No.30464 of 2024 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. 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.16,94,029/- 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 three (03) months from the date of receipt of a copy of this order. 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. 6 NV,J W.P.No.30464 of 2024 8. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. _____________________________________ VENKATESWARLU NIMMAGADDA,J 20.08.2025 SP 7 NV,J W.P.No.30464 of 2024 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 30464 OF 2024 20.08.2025 W SP