APHC010509472024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 27634/2024 Between: 1. Y PURUSHOTHAM REDDY, S/O. Y.SUBBA REDDY, AGE 60 YEARS, VWC MEMBER,R/O PANDURANGAPURAM(V), NANDYAL MANDAL,NANDYAL DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYATH RAJ, RURAL DEVELOPMENT AND RWS AND S DEPARTMENT, A.P. SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, A.P. SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI. 3. THE DISTRICT COLLECTOR, NANDYAL DISTRICT. 4. THE CHIEF ENGINEER, RWS AND S DEPARTMENT, VIJAYAWADA, KRISHNA DISTRICT. 5. THE SUPERINTENDING ENGINEER, RWS AND S DIVISION, NANDYAL, NANDYAL DISTRICT. 6. THE EXECUTIVE ENGINEER, RWS AND S (P) DIVISION, NANDYAL, NANDYAL DISTRICT. 7. THE DEPUTY EXECUTIVE ENGINEER, RWS AND S SUB-DIVISION(MTS), NANDYAL, NANDYAL DISTRICT. ...RESPONDENT(S): The Court made the following ORDER: 1. The petitioner had been awarded the contract of work(s) under the subject scheme in Nellore District. After execution of the said contract, a final bill was prepared for a sum of Rs.12,96,408/- 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.12,96,408/- 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 placed on record written instructions submitted by the Executive Engineer, RWS & S(P) Sub-Division, Nandyal, dated 09.09.2025, wherein, it is admitted that the petitioner is entitled for an amount of Rs.11,65,346/-. It is further stated that due to non-availability of budget the work bills could not be processed. 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.11,65,346/- 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 09.09.2025 klk 559 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.27634 of 2025 09.09.2025 kkllkk