THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.2491 of 2024 ORDER: 1. This writ petition under Article 226 of Constitution of India is filed to issue writ of mandamus, declaring the action of respondents in withholding payments of bill, payable to the petitioner in relation to the execution of work under the subject scheme, as illegal, arbitrary and contrary to the principles of natural justice. 2. It is the case of the petitioner that the petitioner has executed the work under the subject scheme, the respondents having been satisfied with the execution of works, prepared the bills, but the amount was not paid, for different reasons. 3. During the hearing, the learned Government Pleader for Roads and Buildings furnished the counter affidavit filed by respondent No.3, wherein it is stated that: It is submitted that brief facts of the case is as follows: A) The State Government 1" respondent has issued the G.O.Ms.No.86 PR & RD (Progs-II) Department, dated:23.02.2021 accorded the administrative sanction for an Rs. 10,72,00,000/- in respect of 7 works in Punganur Assembly Constituency of Chittoor District. 2 B) The 3rd respondent Superintending Engineer issued a Tender Notice, dated:03.06.2021 and the bidding was conducted on 03.06.2021. The petitioner became the highest bidder and the technical bid was approved on 17.06.2021. C) The Petitioner entered into an agreement with the 3rd respondent on 06.12.2021. In the said agreement, the date fixed for completion of the work was 05.12.2022. Accordingly, the administrative sanction was issued an amount of Rs.168.00 lakhs and technical approval was given for Rs.160.00 lakhs and estimate contract value is Rs.122.37 lakhs. D) As per the agreement, the petitioner has completed the works and the entire proceedings were recorded in M Book. The valuation of the work done by the petitioner company is for Rs.1.49.21.535/-and after deduction, the outstanding amount of Rs.1,30.33,604/- payable to the petitioner. 3. It is submitted that the Executive Engineer, Project implementation Unit (PIU) herein has forwarded the said bill of Rs.1,49,21,535/- to the Pay and Accounts Officer, Chittoor District which was approved for payment vide CFMS Bill No.2024-1343648, dt:12.08.2024 whenever the budget is released by the Government, the same will be uploaded in the CFMS Portal”. 4. 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 3 disposed of with a direction to the respondents to release the amount of Rs.1,30,33,604/- to the petitioner. 5. 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 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. 6. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. _________________________________ VENKATESWARLU NIMMAGADDA, J 29.07.2025 kkllkk 4 211 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.2491 of 2024 29.07.2025 kkllkk