::1:: APHC010086312025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 4635/2025 Between: 1. M/S RK INFRA CORP. PVT. LTD., , SPECIAL CLASS CONTRACTORS, HAVING ITS REGISTERED OFFICE AT FLAT NO. 207, LUMBINI ENCLAVE PANJAGUTTA, HYDERABAD - 500 082 REP. BY ITS DIRECTOR, R. SHRAVANRAJ REDDY ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRI. SECRETARY, PANCHAYAT RAJ DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI - 522 237, GUNTUR DISTRICT. 2. STATE OF ANDHRA PRADESH, REP. BY ITS PRI. SECRETARY, FINANCE (FMU-REVENUE) DEPARTMENT, A.P. SECRETARIAT VELAGAPUDI - 522 237, GUNTUR DISTRICT. 3. THE ENGINEERINCHIEF, PANCHAYAT RAJ DEPARTMENT, A.P., ZP COMPOUND, MG ROAD, VIJAYAWADA - 520 010 ::2:: 4. THE SUPERINTENDING ENGINEER, PR CIRCLE KURNOOL - 518 001 5. THE PAY AND ACCOUNTS OFFICER (WORKS AND ACCOUNTS) OPP- EID GA COMPOUND, KURNOOL - 518 004 ...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 a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent Authorities in not paying the bills to the petitioner for the works covered under Agreement No. 17/2014-15, Dated 31-05-2014 entered into with the 4th respondent as illegal, arbitrary and violative of Articles 14, 19(1)(g), 21 and 300-A of Constitution of India and consequently direct the respondent authorities to pay the said bill amounts with interest @ 18percent from the date of due till the payment is made forthwith and pass Counsel for the Petitioner: 1. N SIVA REDDY Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING ::3:: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 4635 of 2025 This Court made the following 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.1,40,44,634/- 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.1,40,44,634/- 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:: 4. On the other hand, respondent No.4 filed counter, wherein, it is admitted that the petitioner is entitled for an amount of Rs.1,40,44,634/-. It is further stated that uploading of bills to the PAO is under progress. 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.1,40,44,634/- 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 six (06) months from the ::5:: date of receipt of a copy of this order. It would also be open to the petitioner to agitate its 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 16.10.2025 KRK ::6:: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA 85 WRIT PETITION NO: 4635 OF 2025 16.10.2025 krk