APHC010362972024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 18320/2024 Between: 1. SAYYAD KARIMUIIA,, S/O KHADAR MASTAIN, AGED ABOUT 38 YEARS, R/O 3-81, MUNAMAKA VILLAGE, ROMPICHERLA MANDAL, PALNADU DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, A.P SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE COMMISSIONER, OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, NH-16, SERVICE ROAD, TADEPALLI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, PALNADU DISTRICT, COLLECTORATE, NARASARAOPET. 4. THE DISTRICT COLLECTOR, GUNTUR DISTRICT, COLLECTORATE, GUNTUR 5. THE DISTRICT PANCHAYAT OFFICER, PALNADU DISTRICT. AT NARASARAOPET. 6. THE EXECUTIVE ENGINEER, PANCHAYAT RAJ DEPARTMENT, NARASARAOPET DIVISION, PALNADU DISTRICT. 7. THE PROJECT DIRECTOR, DISTRICT WATER MANAGEMENT 2 AGENCY(DWAMA), PALNADU DISTRICT. AT NARASARAOPET 8. THE MANDAL PARISHAD DEVELOPMENT OFFICER MPDO, ROMPICHERLA MANDAL, PALNADU DISTRICT, AT ROMPICHERLA. 9. THE ADDITIONAL PROGRAMME OFFICER, MGNREGA, OFFICE OF (MPDO) ROMPICHERLA MANDAL, PALNADU DISTRICT, AT ROMPICHERLA. 10. THE MUNAMAKA GRAM PANCHAYAT, REPRESENTED BY ITS PANCHAYAT SECRETARY, MUNAMAKA VILLAGE, ROMPICHERLA MANDAL, GUNTUR 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 a writ or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not paying the admitted balance bill amount of Rs 2,47,802 /- (Two Lakhs Forty Seven Thousand Eight Hundred and Two) for work namely Development of Housing Colony at Location YSR Housing Colony in Munamaka Village of Rompicherla MandaP with Work Id. No. 071094014007170639 and Rs 78,527/- (Seventy Eight Thousand Five Hundred and Twenty Seven) for the work namely Development of Housing Colony at Location YSR Housing Colony 1 in Munamaka Village of Rompicherla Mandal with Work I.d. No. 071094014007170663 respectively executed under MGNREGA scheme totaling Rs 3,26,329/- ( Three Lakhs Twenty Six Thousand Three Hundred and Twenty Nine) despite lapse of more than 4 years since completion of the works, as illegal, arbitrary, unconstitutional and consequently direct the respondents to pay the balance due amounts of balance bill amount of Rs 2,47,802 /- (Two Lakhs Forty Seven Thousand Eight Hundred and Two) and Rs 78,527/- (Seventy Eight Thousand Five Hundred and Twenty Seven) respectively totaling Rs 3,26,329/- ( Three Lakhs Twenty Six Thousand Three Hundred and Twenty Nine) payable to petitioner in relation to the above 2 works with an interest @ 12percent per annum and pass IA NO: 1 OF 2024 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 respondents herein to release the balance bill amounts 3 of Rs 2,47,802 /- (Two Lakhs Forty Seven Thousand Eight Hundred and Two) for work namely "Development of Housing Colony at Location YSR Housing Colony in Munamaka Village of Rompicherla Mandal with Work Id. No. 071094014007170639 and Rs 78,527/- (Seventy Eight Thousand Five Hundred and Twenty Seven) for the work namely “"Development of Housing Colony at Location YSR Housing Colony 1 in Munamaka Village of Rompicherla Mandal” with Work I.d. No. 071094014007170663 respectively executed under MGNREGA scheme totaling Rs 3,26,329/- ( Three Lakhs Twenty Six Thousand Three Hundred and Twenty Nine) respectively executed under MGNREGA scheme, to the petitioner within a stipulated time frame and pass Counsel for the Petitioner: 1. SASANKA BHUVANAGIRI Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following: 4 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 18320/2024 ORDER: 1. The petitioner had been awarded the contract of work(s) under the subject scheme in Guntur District. After execution of the said contract, final bills were prepared for a sum of Rs.3,26,329/- 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 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. 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 furnished written instructions of the 7th respondent dated 18.09.2025, wherein it stated as follows: “The Commissioner PR & RD issued instructions for constitution of QC teams to verify works under Development of Housing Colonies vide and teams are constituted. The Quality Control verification is being expedited in all Districts 5 including Palnadu also. In the present case Quality control inspections is expected to be completed in two weeks. After receiving the report of the QC team, the district authorities will upload the eligible payments in Housing Portal. In case if QC team find out any irregularities in the work, the authorities are issuing notice to the vendors, duly following principles of natural justice.” 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.3,26,329/- to the petitioner subject to furnishing quality control certificate holding in favour of 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, if any payable by the respondents, in an appropriate forum. There shall be no order as to costs. 6 Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. _____________________________________ VENKATESWARLU NIMMAGADDA,J 25.09.2025 TPS 7 610 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 18320 OF 2024 25.09.2025 TPS