' APHC010505182024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special OriginalJurisdiction) ^ MONDAY,THE EIGHTH DAY OF SEPTEMBER^/ m TWO THOUSAND AND TWENTY FIVE ^ ^ PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 26114 OF 2024 Between: Sri Dharma Shasta Contractors. Rep. by its Managing Partner A Murali Mohan'^ao, S/o. A Venkata Narasaiah, Aged about 53 years, Occ Contractor, R/o. V8-91, Kondapeta, Banaganapalli, Nandyal, Nandyad District, Pincode 518124. ...Petitioner AND 1. The State Of Andhra Pradesh, Rep. by Principal Secretary, Panchayat Raj '^-^d Rural Development, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The State of Andb^ Pradesh, Rep. by its Principal Secretary, Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 3. The District Collector, Nandyal,N^J^dyal District. 4. The Superintending Engineer, PR C^r^, Kurn^l, Kurnool District. 5. The Executive Engineer, PR (PIU) Division, Nandyal @ Kurnool, Kurnool District. 6. The Assistant Director of Mines and Geology NanciyaTNandyal District ...Respondents 7 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 of mandamus or any other appropriate writ or direction declaring the action of the Respondents not releasing the amount of Rs. 10,43,818/-, even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Providing gravel road from Cheruvupalli to Venkatpuram fields road in Cheruvupalli (V) of Banaganapalli Mandal, vide Agreement No. /2023-24, dated 04.01.2024 is questioned, as the satme is illegal, arbitrary and consequently direct the respondents to pay for payment of amount of Rs. 10,43,818/- with interest @24 percentage per annum for the delayed amount to the petitioner in respect of execution of above- mentioned work forthwith. IA NO: 1 OF 2024 Petition under Section 151 GPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to pay for payment of amount of Rs. 10,43,818/- with interest @24% per annum for the delayed amount to the petitioner in respect Providing gravel road from Cheruvupalli to of execution of works i.e. Venkatpuram fields road in Cheruvupalli (V) of Banaganapalli Mandal, vide Agreement No. /2023-24, dated 04.01.2024, forthwith, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI BATHALA RAMESH Counsel for the Respondent Nos.1,3: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent No.6; GP FOR MINES AND GEOLOGY Counsel for the Respondent Nosi2v4,5: GP FOR FINANCE PLANNING The Court made the following order: 1 the honourable SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 26114 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 1. bill was prepared for a sum of Rs. 10,43,818/- 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 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. 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. 10,43,818/- 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. ) ) 5. In view of the facts and circumstances submitted in the affidavit, and the directions of this Court i - learned counsel for the petitioner, this Writ direction to the respondents to release the petitioner. in various cases and after hearing the submissions of Petition is disposed of with a amount of Rs. 18,00,070/- to the \ 6. As far as interest component is concerned, if there is any subsisting ciause in the agreement/work order envisaging payment or non-payment of interest upon any amount which is due and payable, the same iis 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 if not paid, within a period of three (03) months from the date of receipt of a copy of this order. No.724 of 2021 and batch dated 12.10.2023 7. it would also be open to the petitioner to agitate his ciaim of interest or differential amount, if appropriate forum. There shall be no order as to costs. Consequently, Miscellaneous Petitions, Petition shall stand closed. for higher rate any payable by the respondents, in an 8. if any, pending in this Writ A I\rt PRABHAKAR RAO deputy registrar SECTION OFFICER Sd/- //TRUE COPY// To, 1. The Principal Secretary, Panchayat Raf and Rural Development Secretariat Buildings, Veiagapudi, Amaravathi^^^ntur District. 2. The Principal Secretary, Department of Fin^e and Planning, Secretariat Buildinns ValananiiHi Amarawathi rii inti ir fMcfrir't 3. The District Collector. Nandyal, Nandyal District.^ 4. The Superintending Engineer, PR Cir^ Kurnool, l^nool District. 5. The Executive Engineer, PR (PIU) Divis^i^, Nandyal @ Kurnool. Kurnool District. 6. The Assistant District 7. One CC to SRI. BATHALA RAMESH Advocate [OPUC] 8. Two CCs to GP FOR Andhra Pradesh [OUT] 9. Two CCs to Pradesh [OUT] 10. Two CCs to Pradesh [OUT] 11. Two CD Copies. Director of Mines and Geology. Nandyal, Nandyal PANCI^AT RAJ RURAL DEV High Court of GP FOR MINES AND GEOLOGY High Court of Andhra GP FOR FINANCE PLANNING High Court of Andhra AL \ / HIGH COURT \ \ DATED:08/09/2025 \ \ ORDER WP NO. 26114 OF 2024 ^ 0 A NOV 2025 o\ PISPOSING OF THE W.P. WITHOUT COSTS *