APHC010311722025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY, THB^IXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA^ WRIT PETITION NO: 15827 OF 2025 Between: Sri Pocha Venkata Reddy, S/o. Pulla Reddy, D.No.2-150, Bodemmanur village, Uyyalawada Mandal, Nandyal District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Department of Panchayat Raj, Secretariat Building, Velagapudi, Amaravathi, Guntur. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 3. The Superintendent Engineer, Panchayath Raj, Visweswaraiah Bhavan, 2"^ Floor, Z.P.Compound, Kumool. 4. The Executive engineer, Panchayath Raj, PRI and PIU Division Nandyal. 5. The Deputy Executive Engineer, PRI Sub-Division, Allagadda, Nandyal District. ...Respondents 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 an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs.3,43,850/-, Rs.4,32,924/- and Rs.4,43,498/- totalling an amount of Rs. 12,20,272/- (Twelve lakhs twenty thousand Two hundred seventy two) for the year 2024, even after finalizing the bills, payable to the petitioner in relation to the works (l.)Providing internal CC Roads from Mekalannagari Venkateshwarlu (H) to Talari Seshu (H) and other streets in Chinnakambalur village of Rudravaram Mandal, Nandyal District. (2.) Providing internal CC Roads from Kottam Hussainsa (H) to Chinna Hussainsa (H) and other streets in Chinnakambalur village of Rudravaram Mandal, Nandyal District. (3.) Providing internal CC Roads from Karanam Ramachandrudu (H) to Bandaru Shankar (H) and other streets in Chinnakambalur village of Rudravaram Mandal, Nandyal District, as bad, illegal, arbitrary, improper, unjust and against the Article 21 of Constitution of India and consequently direct the Respondents to pay the amounts of Rs. 12,20,272/- (Twelve lakhs twenty thousand Two hundred seventy two) forthwith release the payments of above bill amount along with 12% interest lA NO: 1 OF 2025 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 to direct the respondents to release and pay the amounts of Rs. 12,20,272/- (Twelve lakhs twenty thousand Two hundred seventy two) release the payments of the bill amount along with 12% interest, pending disposal of the writ petition. Counsel for the Petitioner: SRI THATHIREDDY ASHOK SRIVASTAVA Counsel for the Respondents No.1, 3 to 5: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent No.2: GP FOR FINANCE & PLANNING The Court made the following order: It APHC010341722025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15827/2025 Between: 1,SR1. POCHA VENKATA REDDY,, S/O. PULLA REDDY, D.NO.2-150, BODEMMANUR VILLAGE, UYYALAWADA MANDAL, NANDYAL DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYAT RAJ, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL DEPARTMENT OF FINANCE AND PLANNING, SECRETARY SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3.THE SUPERINTENDENT ENGINEER, PANCHAYATH RAJ, VISWESWARAIAH BHAVAN, 2ND FLOOR, Z.P.COMPOUND, KUMOOL. 4.THE EXECUTIVE ENGINEER, PANCHAYATH RAJ, PRI AND PIU DIVISION NANDYAL. 5.THE DEPUTY EXECUTIVE ENGINEER, PRI SUB-DIVISION ALLAGADDA, NANDYAL 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 tomaybe pleased to issue an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs.3,43,850/-. Rs.4,32,924/- and Rs.4.43,498/- totalling an Rs.12,20,272/- (Twelve lakhs twenty thousand Two hundred seventy two) for the year 2024, even after finalizing the bills, payable to the petitioner in relation to the works (l.)Providing internal CC Roads from Mekalannagari Venkateshwarlu (H) to Talari Seshu (H) and other streets in Chinnakambalur village of Rudravaram Mandal, Nandyal District. (2.) Providing internal CC Roads from Kottam Hussatnsa (H) to Chinna Hussainsa (H) and other streets in Chinnakambalur village of Rudravaram Mandal, Nandyal District. (3.) Providing internal CC Roads from Karanam Ramachandrudu (H) to Bandaru Shankar (H) and other streets in Chinnakambalur village of Rudravaram Mandal, Nandyal District, as bad, illegal, arbitrary, improper, unjust and against the Article 21 of Constitution of India and consequently direct the Respondents to pay the amounts of Rs.12,20,272/- (Twelve lakhs twenty thousand Two hundred seventy two) forthwith release the payments of above bill amount along with 12percent interest and pass lA NO: 1 OF 2025 amount of 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 may be pleased to direct the respondents to release and pay the amounts of Rs. 12,20,272/- (Twelve lakhs twenty thousand Two hundred seventy two) relea se the payments of the bill amount along with 12% interest, pending disposal of the writ petition and pass Counsel for the Petitioner: 1.THATHIREDDY ASHOKSRIVASTAVA Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR FINANCE PLANNING The Court made the following order: The petitioner had been awarded the contract of work(s) under the subject scheme in Kurnoo! District. After execution of the said contract, a final bill was prepared for a sum of Rs. 12,20,272/- 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 1. petition. It is the contention of the petitioner that even though the 2. respondents admitted that the petitioner is entitled for payment of Rs.12,20,272/-, 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 This Court, in various orders, including the judgment of a learned 3. 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. On the other hand, learned Government Pleader placed on record 4. written instructions submitted by the Executive Engineer, P.R. Division Nandyal, dated 30.06.2025, wherein, it is admitted that the petitioner is entitled for an amount of Rs. 12,20,272/-. It is further stated that Soon after the bills were uploaded, the bill amount entitled by the petitioner will be paid. 5. In vievy 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.12,20,272/- to the petitioner. 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 binding upon both the parties. In the absence of any clause with regard 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 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. 6. IS to not Sd/- A VIJAYA BABU DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, of Andhra Pradesh, Department of 1. The Priiacipal Secretary, State Panchayat Raj 2. The Principal Secretary Secretariat Buildings, Velagapudi, Amaravathi, Guntur District Secretariat Building, Velagapudi, Amaravathi, Guntur Department of Finance and Planning, 3. The Superintendent Engineer, Panchayath Raj, Visweswaraiah Bhavan, 2nd Floor, Z.P.Compound, Kumool. 4. The Executive engineer, Panchayath Raj, PRI and PIU Division Nandyal. 5. The Deputy Executive Engineer, PRI Sub-Division, Allagadda, Nandyal District. 6. One CC to SRI THATHIREDDY ASHOK SRIVASTAVA Advocate [OPUC] 7. Two CCs to GP FOR PANCHAYAT RAJ RURAL DEV High Court of Andhra Pradesh [OUT] 8. Tvyo CCs to GP FOR FINANCE & PLANNING High Court of Andhra Pradesh [OUT] 9. Two CD Copies gsg HIGH COURT DATED:06/10/2025 ORDER WP NO. 15827 OF 2025 anoa^ S C 3 MOV 2025 om DISPOSING THE WP WITHOUT COSTS