APHC010575982025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] MONDAY,THE THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 30058/2025 Between: 1. KARLAKUNTA VENKATA NARASAIAH, S/O. CHINNA VENKATESWARALU, AGED ABOUT 57 YEARS, R/O.1-124, UTTARAPU KOTTHURU, ANDUGULAPADU VILLAGE, VINUKONDA MANDAL, PALNADU DISTRICT, A.P. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 3. THE COMMISSIONER OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, D. NO. 12-47, PVS ICON, PATHURU CROSS ROAD, TADEPALLI, GUNTUR DISTRICT, A.P. 4. THE DISTRICT COLLECTOR, PALNADU DISTRICT, NARASARAOPET. ...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 any writ, order or Direction more particularly one in the nature of writ of Mandamus directing the Respondents to award interest @ 12precnt per annum on the principal amount of Rs. 28,63,349.00 (Rupees Twenty eight lakhs sixty three thousand three hundred and forty nine only) from the date when the bills were submitted for payment i,e.,20.12.2018 to the Petitioner i.e., Rs. 22,73,421/- (Rupees Twenty two lakhs seventy three thousand four hundred and twenty one only) forthwith towards the execution of total 3 works under MGNREGA scheme in the Andugulapadu Village, Vinukonda Mandal of Palnadu District and pass IA NO: 1 OF 2025 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 pass an interim order by directing the Respondents to pay 50% of the interest amount Rs. 22,73,421/- i.e., Rs. 11,36,710/- (Rupees Eleven lakhs thirty six thousand seven hundred and ten only) immediately to the Petitioner by crediting the same to his bank account, until disposal of the above writ petition, and pass Counsel for the Petitioner: 1. SRINIVASA RAO NARRA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING The Court made the following: ORDER: The present writ petition is filed seeking a direction to the respondents to award interest @ 12% per annum on the principal amount of Rs.28,63,349/- from the date when the bills were submitted for payment to the petitioner towards execution of total 3 works under MGNREGA scheme in Andugulapadu Village, Vinukonda Mandal, Palnadu District. 2. Heard Sri Narra Srinivasa Rao, learned counsel for the petitioner and Smt.Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj for the respondents. 3. Smt.Naga Chandrika, learned Assistant Government Pleader submitted that this Court in W.A.No.60 of 2025 has held that the parties has to approach appropriate forum for their claims of interest in accordance with law, as such, the petitioner has to approach appropriate forum for the same and prayed to dismiss the writ petition. 4. Perused the record and considered the submissions made by both the learned counsel. 5. The Division Bench of this Court, by virtue of the order dated 11.02.2025 in W.A.No.60 of 2025 has passed the following order: “9. In fact, Section 3(3) of the Interest Act, 1978, specifically carves out an exception and recognizes the right of the parties to contract out of the payment of interest on any duty or damages by virtue of an express agreement. Section 3 (3) (a) (ii) of the Act reads thus: “3 (3) (a) (i) … (ii) any debt or damages upon which payment of interest is barred, by virtue of an express agreement;” 10. In the light of the aforementioned facts and the law as discussed hereinabove, in our opinion, the judgment and order impugned to the extent it orders payment of interest @ 6% per annum, in our view, is unsustainable. The judgment and order to that extent is set aside. However, we make it clear that this would not prejudice the right of any of the parties to agitate their respective claims and counter-claims before an appropriate forum, in accordance with law.” 6. In view of the above, this Court is inclined to dismiss the writ petition. However, the petitioner is not precluded to take steps for claiming interest before appropriate forum in accordance with law. 7. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 03rd November, 2025 RKS