::1:: APHC010043602024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2591/2024 Between: 1. K RAMAKUMAR REDDY, S/O K.OBULA REDDY, AGE 59 YEARS, OCC CONTRACTOR, R/O 2-478-1, ADONI, KURNOOL DISTRICT ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYATH RAJ, ENGINEERING DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT 2. THE STATE OF ANDHRA PTADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT 3. THE PANCHAYATH RAJ ENGINEERING DEPARTMENT, REP BY ITS ENGINEER-IN-CHIEF ZP COMPOUND, MG ROAD, VIJAYAWADA. NTR DISTRICT, AP-520002 4. THE DISTRICT COLLECTOR, KURNOOL, KURNOOL ::2:: DISTRICT 5. THE PANCHAYATH RAJ ENGINEERING DEPARTMENT, KURNOOL CIRCLE, REP BY ITS THE DISTRICT PANCHAYAT RAJ ENGINEERING OFFICER, KURNOOL, KURNOOL DISTRICT 6. THE PANCHAYATH RAJ ENGINEERING DEPARTMENT, DIVISION OFFICE, PRI DIVISION, ADONI REP BY ITS THE EXECUTIVE ENGINEER, ADONI, KURNOOL 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 to issue a Writ or Order more particularly one in the nature of Writ of Mandamus declaring inaction on the part of Respondents in releasing an amount of Rs.25, 88, 142-00 to Petitioner for exeeution of work of construction of culvert on the road from Doddanageri drought Road to Jalimanchi via Siddapuram Anjaneya Swamy Temple, Adoni Mandal, Kumool District, entrusted him to by Respondent No.6 illegal, arbitrary, against principles of natural justice and consequently direct the Respondents to release an amount of Rs.25, 88, 142-00 to Petitioner towards amounts due from them to Petitioner for execution of work entrusted to him by Respondent No.6 through Tender Invitation NIT No.40/TO/2022-23 dt.27.12.2022 along with interest accrued there upon and to pass Counsel for the Petitioner: 1. N CHANDRA SEKHAR REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 2. GP FOR PANCHAYAT RAJ RURAL DEV (AP) 3. GP FOR FINANCE PLANNING (AP) ::3:: HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.2591 of 2024 This Court made the following 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 bill was prepared for a sum of Rs.25,88,142/- 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.23,44,728/- 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 ::4:: 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, PRI Division, Adoni, dated 30.07.2025, wherein, it is admitted that the petitioner is entitled for an amount of Rs.23,44,728/-. It is further stated that uploading of bills to the PAO is under progress. 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.23,44,728/- 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 ::5:: 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 DT: 14.10.2025 krk ::6:: HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.2591 of 2024 DT: 14.10.2025 krk 73