APHC010594662024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE SIXTH DAY OF AUGUST > TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 31061 OF 2024 Between; Pichapati Thirupathi Reddy, S/o. P. Adi Reddy Aged about 66 Occ Contractor, Nellore District. years, SPSR R/o. 1-2-1, Lingasamudram and Mandal ...Petitioner AND 1. The State Of Andhra Pradesh, rep. by its Principal Secretary Panchayat Raj and Rural Department, Amaravati, Guntur District. 2. The State of Andhra Pradesh, rep. by its Principal Secretary Panchayat Raj and Rural Department, Amaravati, Guntur District. . 3. The State of Andhra Pradesh, rep. its Principal Secretary, Finance and Planning Department, Secretariat, District. 4. The District Collector Panchayat Raj Wing, Nellore, SPSR Nellore District. 5. The Executive Engineer, PRI Division, Kavali, SPSR Nellore District. 6. The Deputy Executive Engineer, PRI Sub-Division, Kandukur, SPSR Nellore District. Secretariat, Velagapudi, Secretariat, Velagapudi Velagapudi,Amaravati, Guntur f 7. The Assistant Executive Engineer, PRI Sub-Division, Lingasamudram SPSR Nellore District. 8. The Lingasamudram Gram Panchayat, rep. by its Panchayat Secretary, Lingasamudram and Mandal, SPSR Nellore 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 action of the Respondents in not releasing the bill amount worth of Rs.3,46,000/- with interest vide Agreement Agt No. /2023-24 dated.07.02.2024 with M.Book.No.72/C/ZP/21 under grant GGMP to the petitioner till today after completion of execution of Work Providing CC Road from Rand B Road to Choppara Venkatarao(H) i Lingasamudram Village and Mandal and causing heavy loss with interest in even though total works were completed within time as illegal, arbitrary and violation of Article 14, 16 and 21 of Constitution of India and consequently direct the respondents to release the amounts worth of Rs.3,46,000/- with interest vide Agreement Agt No. /2023-24 dated.07.02.2024 with M.Book.No.72/C/ZP/21 under grant GGMP payable to the petitioner herein with interest @ 24 percent per annum for the delayed amount till date of realization for the works executed by the petitioner forthwith. 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 release the amounts worth of Rs.3,46,000/- with Agreement Agt No. /2023-24 dated.07.02.2024 with M.Book.No.72/C/ZP/21 under grant GGMP payable to the petitioner herein with interest @ 24% annum for the delayed amount till date of realization for the works executed per by the petitioner forthwith pending disposal of the above writ petition Counsel for the Petitioner; SRI SHAIK MEERAVALI Counsel for the Respondent Nos.1,3 to 6; GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent No.2: GP FOR FINANCE PLANNING Counsel for the Respondent Nos.7 & 8: SRI M SUDHEER, SC FOR GRAM PANCHAYAT The Court made the following order: ::1:: f APHC010594662024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY.THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 31061/2024 Between: AGED R/O. 1-2-1, 1.PICHAPATI THIRUPATHI REDDY, S/O. P. ADI REDDY ABOUT 66 YEARS, OCC CONTRACTOR, LINGASAMUDRAM AND MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL PANCHAYAT RAJ AND RURAL DEPARTMENT, SECRETARY SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL PANCHAYAT RAJ AND RURAL DEPARTMENT, SECRETARY, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. . 3. THE STATE OF ANDHRA PRADESH, REP. ITS PRINCIPAL FINANCE AND PLANNING DEPARTMENT, SECRETARY, SECRETARIAT, VELAGAPUDI,AMARAVATI, GUNTUR DISTRICT. 4.THE DISTRICT COLLECTOR PANCHAYAT RAJ WING, NELLORE SPSR NELLORE DISTRICT. 5.THE EXECUTIVE ENGINEER, PRI DIVISION, KAVALI, SPSR NELLORE DISTRICT. 6.THE DEPUTY EXECUTIVE ENGINEER, PRI SUB-DIVISION KANDUKUR, SPSR NELLORE DISTRICT. ::2:: 7.THE ASSISTANT EXECUTIVE ENGINEER, PRI SUB-DIVISION LINGASAMUDRAM SPSR NELLORE DISTRICT. 8. THE LINGASAMUDRAM GRAM PANCHAYAT, PANCHAYAT SECRETARY, SPSR NELLORE DISTRICT REP. BY ITS LINGASAMUDRAM AND MANDAL, ...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 to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring action of the Respondents in not releasing the bill amount worth of Rs.3,46,000/- with interest vide Agreement Agt No. dated.07.02.2024 with M.Book.No.72/C/ZP/21 under grant GGMP to the petitioner till today after completion of execution of Work Providing CC Road from Rand B Road to Choppara Venkatarao(H) in Lingasamudram Village and Mandal and causing heavy loss with interest even though total works were completed within time as illegal, arbitrary and violation of Article 14, 16 and 21 of Constitution of India and consequently direct the respondents to release the amounts worth of Rs.3,46,000/- with interest vide Agreement Agt No. /2023-24 dated.07.02.2024 with M.Book.No.72/C/ZP/21 under grant GGMP payable to the petitioner herein with interest @ 24 percent per annum for the delayed amount till date of realization for the works executed by the petitioner forthwith and to pass Counsel for the Petitioner: /2023-24 1.SHAIKMEERAVALI Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR FINANCE PLANNING w sv:.' :;3:: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 31061 of 2024 This Court made the following ORDER; 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.3,46,000/- 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 Rs.3,46,000/- 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 record written instructions submitted by the Executive Engineer, PR Division, Kavali, dated 13,02.2025, wherein, it is admitted that the petitioner is entitled for an amount of Rs.3,10,351/-. It is further stated that uploading of bills to the PAO is under progress. Soon after the bills were uploaded, the bill amount entitled by the petitioner will be paid to the petitioner. 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.3,10,351/- to the petitioner. 4. on 5. 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 5 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. It would also be open to the petitioner to agitate his claim for higher rate of interest and due amount, if any payable by the respondents, in an appropriate i forum. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. Sd/- K.KASI RAO ACHAR! ASSISTANT REGISTRAR //TRUE COPY// SECTION OFPi^HR To, Panchayat Raj and Rural Department The Principal Secretary Secretariat, Velagapudi, Amaravati, Guntur District. The Principal Secretary, Secretariat, Velagapudi, Amaravati, Guntur District. . Finance and Planning Department, 1. Panchayat Raj and Rural Department 2. The Principal Secretary Secretariat, Velagapudi,Amaravati, Guntur District. The District Collector Panchayat Raj Wing, Nellore, SPSR Nellore 3. 4. District. 5. The Executive Engineer, PRI Division, Kavali, SPSR Nellore District. 6. The Deputy Executive Engineer, PRI Sub-Division, Kandukur, SPSR Nellore District. 7. The Assistant Executive Engineer, PRI Sub-Division, Lingasamudram SPSR Nellore District. 8. The Panchayat Secretary, Lingasamudram Gram Panchayat, Lingasamudram and Mandal, SPSR Nellore District 9. One CC to Sri. Shaik Meeravali, Advocate [OPUC] 10. Two CCs to GP For Panchayat Raj Rural Dev, High Court of Andhra Pradesh [OUT] 11. Two CCs to GP For Finance Planning, High Court of Andhra Pradesh [OUT] 12. Two CD Copies. AL . ^ (V^ "■ ;■% HIGH COURT DATED:06/08/2025 ORDER WP NO. 31061 OF 2024 2 SEP 2025 CO tgv S^^urwntSectiMj^'^i^ DISPOSING OF THE W.P. WITHOUT COSTS