V APHC010497532024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 26656 OF 2024 Between: M/s. Srinivasa Constructions, D.No. 12-4-944-9, Adarshnagar, Revenue Ward no. 12, Ananthapuram, Rep by its Managing Partner, Muttuluri Bojjanna, S/o. M.Pullappa, Hindu, aged about 60 years, R/o.H.No.1-219, Tadimarri, Nidigallu Mandal, Ananthapuramu District-515661. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by Principal Secretary, Rural Water Supply and Sanitation Department, Secretariat Buildings, Velagapudi, Amaravathi. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance Velagapudi, and Planning Department Amaravathi. 3. The Commissioner, Panchayat Raj and Rural Development, Government of Andhra Pradesh, Tadepalli, Guntur District. 4. The Joint Financial Adviser, Finance (PMU-NABARD and SP) Department, Government of Andhra Pradesh, A.P., Vijayawada. 5. The Director of Works, Government of Andhra Pradesh, Ibrahimpatnam, Vijayawada Andhra Pradesh. 6. The Superintending Engineer, RWS and S Sub Division, Kurnool, Kurnool District. Secretariat. Buildings, \ ibissi****^ 4 7. The Executive Engineer, RWS and S Sub Division, Kurnool, Kurnool District. 8. The Dy Executive Engineer, RWS and S Sub Division, Kurnool, Kurnool 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 the action of the respondents in not releasing the admitted balance final bill amount of Rs.47,87,555/- (Rupees Forty Seven Lakhs Eighty seven thousand five hundred and fifty five only) for the work i.e. for providing pumping main and partial FHTCs in Krishnagiri, Allamkonda and Pedoddi villages by utilising infrastructure in Krishnagiri Mandal of Kurnool District for an amount of existing Rs.47,87,555/- (Rupees Forty Seven Lakhs Eighty seven thousand five hundred and fifty five only under the NABARD-RIDF-XXII grants executed by the petitioner firm is illegal, arbitrary and unreasonable and violation of article 14,19 and 21 of Constitution of India, consequently direct the respondent to pay the net Amount of Rs.47,87,555/- (Rupees Forty Seven Lakhs Eighty thousand five hundred and fifty five only) with interest and consequential reliefs. seven lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the 1 to 8 Respondents to release the funds for an amount of Rs.47,87,555/- (Rupees Forty Seven Lakhs Eighty seven thousand five hundred and fifty five only) into the petitioner account pending disposal of the above writ petition. Counsel for the Petitioner: SRI DASARI S. V. V. S. V. PRASAD Counsel for the Respondent Nos.1, 5 to 8 : GP FOR IRRIGATION AND COMMAND AREA DEVELOPMENT Counsel for the Respondent Nos.2 & 4 : GP FOR FINANCE AND PLANNING Counsel for the Respondent No.3 : GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT The Court made the following APHC010497532024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE TWENTY NINETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 26656/2024 Between: 1.M/S SRINIVASA CONSTRUCTIONS,, D.NO. 12-4-944-9, ADARSHNAGAR, REVENUE WARD NO. 12, ANANTHAPURAM, REP BY ITS MANAGING PARTNER, MUTTULURI BOJJANNA, S/0. M.PULLAPPA, HINDU, AGED ABOUT 60 YEARS, , R/O.H.NO.1-219, TADIMARRI, NIDIGALLU MANDAL,ANANTHAPURAMU DISTRICT- 515661. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, RURAL WATER SUPPLY AND SANITATION DEPARTMENT, SECRETARIAT BUILCLINGS,VELAGAPUDI, AMARAVATHI. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL FINANCE AND PLANNING DEPARTMENT, SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 3.THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT, GOVERNMENT OF ANDHRA PRADESH, 2 3 TADEPALLI, GUNTUR DISTRICT. 4.THE JOINT FINANCIAL ADVISER, FINANCE (PMU-NABARD AND SP) GOVERNMENT OF ANDHRA PRADESH,A.P., DEPARTMENT, VIJAYAWADA. 5.THE DIRECTOR OF WORKS, GOVERNMENT OF ANDHRA PRADESH, IBRAHIMPATNAM, VIJAYAWADA ANDHRA PRADESH. 6.THE SUPERINTENDING ENGINEER, RWS AND S SUB DIVISION KURNOOL, KURNOOL DISTRICT. 7.THE EXECUTIVE ENGINEER, RWS AND S SUB DIVISION KURNOOL, KURNOOL DISTRICT. 8.THE DY EXECUTIVE ENGINEER, RWS AND S SUB DIVISION, KURNOOL, KURNOOL 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 topleased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the admitted balance final bill amount of Rs.47,87,555/- (Rupees Forty Seven Lakhs Eighty seven thousand five hundred pnd fifty fivp only) for the work i.e. for providing pumping main and partial FHTCs in Krishnagiri, Allamkonda and Pedoddi villages by utilising existing infrastructure in Krishnagiri Mandal of Kurnool District for an amount of Rs.47,87,555/- (Rupees Forty Seven Lakhs Eighty seven thousand five hundred and fifty five only under the NABARD-RIDF-XXII grants executed by the petitioner firm is illegal, arbitrary and unreasonable and violation of article 14,19 and 21 of Constitution of India, consequently direct the respondent to pay the net Amount of Rs.47,87,555/- (Rupees Forty Seven Lakhs Eighty seven thousand five hundred and fifty five only with interest and consequential reliefs and to pass lA NO: 1 OF 2024 3 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 Pleased to direct the 1 to 8 Respondents to release the funds for an amount of Rs.47,87,555/- (Rupees Forty Seven Lakhs Eighty seven thousand five hundred and fifty five only) into the petitioner account pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. DASARl S VV S V PRASAD Counsel for the Respondent{S): 1 .GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR FINANCE PLANNING The Court made the following: 4 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 26656 OF 2024 ORDER: 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 1. bill was prepared for a sum of Rs.47,87,555/- as per the sanctioned orders. A$ 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.47,69,435/-, 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 has filed counter affidavit on behalf of the 7**^ respondent, wherein, it is admitted that the petitioner is entitled for an amount of Rs.47.69,435/-. It is further stated that the bill was uploaded in the CFMS portal and the same was returned by PAO, Kurnool. A letter has been addressed to the higher authorities for obtaining the balance amount from the competent authorities of NABARD. Soon after receiving of the amount, 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.47,69,435/- 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 6 be open to the petitioner to agitate his claim for higher rate of interest and due in an appropriate forum. There amount, if any payable by the respondents, i shall be no order as to costs. Consequently, Miscellaneous Petitions Petition shall stand closed. , if any, pending in this Writ Sd/- SRI T-SRINIVASA RAO assistant reoistrar //TRUE COPY// Ilk SECTION OFFICER To, 1- The Principal Secretary, Rural Water Supply Department, State Velagapudi, Amaravathi. and Sanitation Secretariat Buildings, of Andhra Pradesh, 2. The Principal Secretary, Finance and Planning Department. Andhra Pradesh, Secretariat Buildings, Velagapudi. Amaravathi. 3. The Commissioner, State of Panchayat Raj and Rural Development Government of Andhra Pradesh, Tadepalli, Guntur District. 4. The Joint Financial Adviser, Finance (PMU-NABARD A.P., Vijayawada. Andhra & SP) Department, Government of Andhra Pradesh, 5. The Director of Works, Government of Ibrahimpatnam, Vijayawada Andhra Pradesh. 6. The Superintending Engineer, Kurnool District. Pradesh, RWS and S Sub Division, Kurnool, 7. The Executive Engineer, RWS and S Sub District. 8. The Dy Executive Engineer, Kurnool District. Division, Kurnool, Kurnool RWS and S Sub Division, Kurnool, 9. Ons CC to Sri Dasari S. V. V. S. V. Prasad, Advocate [OPUCJ lO.Two CCS to GP for Panchayat Raj & Rural Development, High Court of Andhra Pradesh [OUT] 11. Two CCs to GP for Irrigation and Command Court of Andhra Pradesh [OUT] 12.Two CCs to Area Development, High GP for Finance and Planning, High Court of Andhra Pradesh [OUT] 13.Two CD Copies Cnr ♦ HIGH COURT DATED:29/07/2025 ORDER WP NO. 26656 OF 2024 X s 0 \ ■/ \ Op> \ c / \ \'T:i / ''<'C DISPOSING OF THE W.P. WITHOUT COSTS