APHC010657482023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 53/2024 Between: 1. VELUPULA HARI KRISHNA, S/O BAYANNA, AGED ABOUT 47 YEARS, OCC. CONTRACTOR, R/O H.NO. 3-31, VANKA VEEDHI, PEDDAVADUGURU VILLAGE, PEDDAVADUGURU MANDAL, ANANTHAPUR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYATRAJ AND RURAL DEVELOPMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. GUNTUR DISTRICT, ANDHRA PRADESH 2. THE COMMISSIONER, PANCHAYATRAJ AND RURAL DEVELOPMENT, STATE OF ANDHRA PRADESH, NEAR RELIANCE DIGITAL, TADEPALLI, GUNTUR DISTRICT - 522 501 3. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 4. THE DISTRICT COLLECTOR, ANANTHAPUR DISTRICT AT ANANTHAPURAMU. 5. THE SUPERINTENDING ENGINEER, PRI (PANCHAYAT RAJ), ANANTHAPURAM, ANANTHAPUR DISTRICT. 6. THE EXECUTIVE ENGINEER, PRI DIVISION, DHARMAVARAM, ANANTHAPUR DISTRICT. 7. THE DY EXECUTIVE ENGINEER, PRI DIVISION, TADIPATRI, ANANTHAPUR DISTRICT. 8. THE ASSISTANT EXECUTIVE ENGINEER, , PRI DIVISION, PEDDAVADUGURU, ANANTHAPUR DISTRICT. 9. PEDDAVADUGURU GRAM PANCHAYAT, REP. BY ITS SECRETARY, UNDER MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE (MGNREG) SCHEME, PEDDAVADUGURU VILLAGE, PEDDAVADUGURU MANDAL, ANANTHAPUR DISTRICT, ANDHRA PRADESH. 10. MIDUTHURU GRAM PANCHAYAT, REP. BY ITS SECRETARY, UNDER MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE (MGNREG) SCHEME, MIDUTHURU VILLAGE, PEDDAVADUGURU MANDAL, ANANTHAPUR DISTRICT, ANDHRA PRADESH. ...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 topleased to issue a writ order or direction, more particularly one in the nature of writ of Mandamus, declaring the actions of the respondents in not release the pending bills to the petitioner for the works providing CC Roads from RandB Road to Sannaiah House at Narasimha Colony for Rs.1,99,373, providing CC Road Balarangaiah house to chandramma house in SC Colony for Rs.2,47,450, providing CC Road Kasappa house to R85B Road for Rs.16,370 from MGNRES and from SDP Rs.13,523, Providing CC Road RandB Road to Silas House to Narayana House from MGNRES Rs.12,629 and from SDP Rs.13,555, Providing internal CC Road at BC colony Miduturu for Rs.1,69,584 and Providing internal CC Road at Miduturu Rs.2,25,180 aggregated to Rs.8,97,665/- (Rupees Eight Lakhs Ninety Seven thousand six hundred and sixty five Only) under Mahatma Gandhi National Rural Employment Guarantee (MGNREG) Scheme, is illegal, arbitrary and violation of Under Article 14,19 and 21 of the Constitution of India consequently direct the respondents to pay an amount of Rs.8,97,665/- (Rupees Eight Lakhs Ninety Seven thousand six hundred and sixty five Only) and to pass The Court made the following 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.8,97,665/- 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.8,97,665/-, 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, P.R.I. Division, Ananthapuram, dated 22.07.2025, wherein, it is admitted that the petitioner is entitled for an amount of Rs.4,46,823/-. It is further stated that due to non-availability of budget the work bills could not be processed. Soon after the bills were uploaded, 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. Rs.4,46,823/- 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 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 23.07.2025 klk 259 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 53 OF 2024 23.07.2025 klk