BATCHU MALLESWARA RAO v. THE STATE OF ANDHRA PRADESH
WP/14106/2025 · 2025-08-17
Venkateswarlu Nimmagadda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 49371 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 49371 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 14106/2025
ORDER:
1. The petitioner had been awarded the contract of work(s) under the subject scheme in Krishna District. After execution of the said contract, a final bill was prepared for a sum of Rs.8,30,000/- 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.8,30,000/-, 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 for Panchayat Raj, while admitting about the claim of the petitioner, placed on record written instructions received from the Panchayat Secretary, Gram Panchayat
South Chiruvolulanka, Avanigadda Mandal, Krishna District, vide Letter ROC No.01/2025, dated 15.06.2025, wherein it is stated that as follows:-
The works mentioned above were carried out following these proceedings:-
1. Proceedings of the Krishna District Collector, ROC.No.83/GGMP/Works/Dy.So..2/2022, dated
01.04.2024.
2. DR No/2023-24, dated 01.11.2024 from the Executive Engineer, PRI division, Machilipatnam.
3. GP resolution 11, 12 dated 01.08.2024 and resolutions 1, 2 dated 01.09.2024 from the village works committee of South Chiruvolulanka Gram Panchayat.
For the development of infrastructure in the village, as per the Hon’ble Collectors proceedings, the Gram Panchayat has nominated an executive member to manage the works through the village works committee.
The work has been completed, and the records in the M-book have been updated accordingly, the payment is pending with EEPR and PAO once its approved by PAO the fund will be credited to Executive member Sri Batchu Naga Malleswara Rao”.
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.8,30,000/-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
18.08.2025 klk
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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 14106 OF 2025
18.08.2025
klk