\ APHC010505202024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) >■> MONDAY,THE EIGHTH DAY OF SEPTEMBER ¥ TWO THOUSAND AND TWENTY FIVE ^ PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 26117 OF 2024 Between: M/s Sri Dharma Shasta Contractors, Rep. by its Managing Partner A Murali Mohan Rao, S/o. A Venkata Narasaiah, Aged about 53 years, Nandyal, Occ Contractor, R/o. 18-91, Kondapeta, Banaganapalli, Nandyal District, Pincode 518124. ...Petitioner AND 1. The State Of Andhra Pradesh, Rep. by Principal Secretary, Panchayat Raj and Rural Developmerit, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 3. The District Collector; Nandydl, Nandyal District. 4. The Superintending Engineer, PR Circle, Kurnool, Kurnool District. 5. The Executive Engineer, PR (PIU) Division, Nandyal @ Kurnool, Kurnool District. 6. The Assistant Director of Mines and Geology, Nandyal, Nandyal District. ...Respondents Article 226 of the Constitution of India praying that in the the affidavit filed therewith, the High Court may be a writ of mandamus or any other appropriate writ or direction of the Respondents not releasing the amount of after finalizing the bills, payable to the petitioner in Petition under circum,standes stated in pleased to issue declaring the action Rs.6,55,512/-, even relation to the works i.e.. Providing internal CC roads in main village of Agreement No. /2023r 24, dated 20.07.2023 is questioned, as Lingala, vide the same is illegal, arbitrary and consequently direct the respondents to pay of amount of Rs.6,55,512/- with interest @24 percent per delayed amount to the petitioner in respect of execution of for payment annum for the above-mentioned work forthwith lA NO: 1 OF 2024 under Section 151 CPC., praying that in the circumstances stated Petition in the affidavit filed in support of thq ;petition, the High Court may be pleased to respondents to pay for payment of amount of Rs.6,55,512/- with annum for the delayed amount to the petitioner in respect direct the interest @24% per of execution of works i.e. Providing internal CC roads in main village of Agreement No..2023-24, dated 20.07.2023, forthwith.pending Lingala, vide disposal of the Writ Petition. Counsel for the Petitioner: SRI BATHALA RAMESH Counsel for the Respondent No.l: GP FOR PANCHAYAT RAJ RURAL DEV for the Respondent Nps.3 to 5: GP FOR REVENUE Counsel Counsel for the Respondent No.® rGP FOR MINES AND GEOLOGY Counsel for the Respondent N6.2: GP FOR FINANCE PLANNING The Court made the following order* 1 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 26117 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 bill was prepared for a sum of Rs.6,55,512/- 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. 1. It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled for payment of the aforesaid sum of money, 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. .2. 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 of2021 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. 3. 4. On the other hand, learned Standing Counsel placed on record written instructions submitted by Executive Engineer, PR (PIU) Division, Nandyal dated 18.08.2025, admitting amount of Rs.6,55,512/- to be paid to the petitioner. It is stated that, since the budget was not released by the Government, the bills were not paid to the petitioner. Soon after release of the budget by the Government, the bills will be paid to the petitioner. ; / 2 In view of the facts and circumstances submitted in the affidavit, and the 5. 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.6,55,512/- to the petitioner. 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. 6. It would also be open to the petitioner to agitate his claim for higher rate of interest or differential amount, if any payable by the respondents, in an 7. appropriate forum. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. — 8. Sd/- K SRINIVASA RAJU assistant registrar //TRUECOPY// I’ SECTION OFFICER To, Panchayat Raj and Rural Development Amaravathi, Guntur District. 1. The Principal Secretary Secretariat Buildings, Velagapudi V" / 2. The Principal Secretary; Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 3. The District Collector, Nandyal, Nandyal District. 4. The Superintending Engineer, PR Circle, Kurnool, Kurnool District. 5. The Executive Engineer, PR (PIU) Division, Nandyal @ Kurnool, Kurnool District. 6. The Assistant Director of Mines and Geology, Nandyal, Nandyal District. 7. One CC to SRI. BATHALA RAMESH Advocate [OPUC] 8. Two CCS to GP FOR PANCHAYAT RAJ RURAL DEV High Court of Andhra Pradesh [OUT] 9. Two CCs to GP FOR REVENUE High Court of Andhra Pradesh [OUT] 10. Two CCs to GP FOR MINES AND GEOLOGY High Court of Andhra Pradesh [OUT] 11. Two CCs to GP FOR FINANCE PLANNING High Court of Andhra Pradesh [OUT] 12. Two CD Copies. ; X y AL \ \ HIGH COURT \ DATED:08/09/2025 ORDER WP NO. 26117 OF 2024 0 6 NOV 2025 Cr- DISPOSING OF THE W.P. WITHOUT COSTS