APHC010027312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 1534/2025 Between: 1. A. RAMANA,, S/O. A. SRIRAMULU , AGED ABOUT 47 YEARS, OCC- CONTRACTOR, R/O. KOTAURATIA, ANAKAPALLI DISTRICT, A P. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY PANCHAYAT RAJ RURAL DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY FINANCE DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATHI. 3. COMMISSIONER AND DIRECTOR PR AND RD, GOVERNMENT OF A.P. AMARAVATHI. 4. EXECUTIVE ENGINEER, RWS AND S DIVISION ANAKAPALLI DISTRICT. 5. DEPUTY EXECUTIVE ENGINEER, RWS AND S SUB-DIVISION, NAKKAPALLI, ANAKAPALLI DISTRICT. 2 ...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 writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the inaction of the Respondents in releasing the payment of bills of Rs. 15 lakhs in respect of construction works of 3 C.C Drains of Yendapedli Village, Kotauratla Mandal, Anakapalli District, as per RC. No. 2023-24/GGMP dated. 07.10.2023 of the petitioners even after finalizing is illegal, arbitrary and unjust contrary to law and consequently direct the respondents to release the bills amount forthwith and pass Counsel for the Petitioner: 1. THADIKONDA KOTESHWARA PRASAD Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING The Court made the following: 3 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:1534 OF 2025 ORDER: 1. The petitioner had been awarded the contract of work(s) under the subject scheme in Anakapalli District. After execution of the said contract, a final bill was prepared for a sum of Rs.15,00,000/- 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.11,02,995/-, 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, RWS & S Division, 4 Anakapalli, dated 14.08.2025, wherein, it is admitted that the petitioner is entitled for an amount of Rs.11,02,995/-. It is further stated that bills were returned due to financial year end activity and after the release of the budget, the bills will be uploaded to the Nidhi portal, thereafter, the bill amount entitled by the petitioner 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.11,02,995/- 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. It would also be open to the petitioner to agitate his claim for higher rate of interest and due 5 amount, if any payable by the respondents, in an appropriate forum. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. _____________________________________ VENKATESWARLU NIMMAGADDA,J 15.09.2025 SCH 6 157 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:1534 OF 2025 15.09.2025 SCH