APHC010360972025 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: 18396/2025 Between: 1. THE SWATHI ENGINEERING CONSTRUCTIONS, REP. BY ITS MANAGING PARTNER, SRI S.VENU GOPAL REDDY, MANAGING PARTNER, S/O. KOTA REDY,AGED ABOUT65 YEARS, R/O. FLAT NO.502, MYTHRIVANAM APARTMENTS. RAM NAGAR LINE, ONGOLE, PRAKASAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE SUPERINTENDING ENGINEER, PANCHAYAT RAJ CIRCLE, ONGOLE, PRAKASAM DISTRICT. 4. THE EXECUTIVE ENGINEER, PR DIVISION, MARKAPUR. ...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 toPleased to issue an ppropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondent authorities in not releasing an amount of Rs.6,02,695/-(Rupees Six Lakh Two Thousand Six Hundred Ninety Five only) out of a part bill amount of Rs.7,89,182/- for the work and an amount of Rs.1,61,239(Rupees One Lakh Sixty One Thousand Two Hundred and Thirty Nine only) to the petitioner for the 2nd work. Vide Agreement No. 140 of 2018-19, dated 24-10- 2018, for the payment due from the executed work respectively as arbitrary, illegal, contrary to Law and against the Principles of Natural Justice and against the Norms of the Public Policy and to issue consequential direction directing the respondent authorities to release the amounts payable to the petitioner with interest at 18 percent per annum and to pass IA 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 Pleased to direct the respondent authorities to release an amount of an amount ofRs.6,02,695/-(Rupees Six Lakh Two Thousand Six Hundred Ninety Five only) out of a part bill amount of Rs.7,89,182/- for the 1st work and an amount of Rs.1,61,239(Rupees One Lakh Sixty One Thousand Two Hundred and Thirty Nine only) to the petitioner for the 2nd work, Vide Agreement No. 140 of 2018-19, dated 24-10-2018, respectively, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. VENKAT SAILENDRA G Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING The Court made the following ORDER: 1. The petitioner had been awarded the contract of work(s) under the subject scheme in Prakasam District. After execution of the said contract, a final bill was prepared for a sum of Rs.7,89,182/- 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.7,89,182/-, 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, P.R Division, Markapur, dated 04.10.2025, wherein, it is admitted that the petitioner is entitled for an amount of Rs.7,63,934/-. 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.7,63,934/- 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 06.10.2025 klk 113 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 18396 OF 2025 06.10.2025 klk