APHC010550822024 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: 28843/2024 Between: 1. D PAPAIAH, S/O. D.VENGAMUNI, AGED ABOUT 44 YEARS, R/O 8/54A, NALLAPPUREDDY PALLI, PULIVENDULA, YSR KADAPA DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, KADAPA, YSR KADAPA DISTRICT. 3. THE SUPERINTENDENT ENGINEER, RWS AND S CIRCLE KADAPA, YSR KADAPA DISTRICT. 4. THE EXECUTIVE ENGINEER, RWS AND S CIRCLE PULIVENDULA, YSR KADAPA DISTRICT 5. THE ASSISTANT PAY AND ACCOUNTS OFFICER WORKS AND ACCOUNTS, PULIVENDULA YSR KADAPA 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 tomay be pleased to issue Writ or Order or a direction, more in the form of writ of mandamus, declaring the action of the Respondents in not making payment of Rs. 13,46,622/- (Rupees Thirteen Lakhs Forty Six Thousand Six Twenty Two only) to the petitioner for the execution of Augmentation of MPWS Scheme in Yerraballi Village in Yerraballi GP of of Pulivendula Mandal in YSR Kadapa District, vide Ag.No. /2023-2024, dated 17.10.2023 as highly illegal, irregular, arbitrary, unreasonable, unjustified, unfair and in violation of the Article 14, 19 and 21 of the Constitution of India and consequently direct the Respondents to make the payment of aforementioned amount forthwith along with interest @ 24 percent P.A., to the petitioner and pass IA NO: 1 OF 2024 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 pay an amount of Rs. 13,46,620/- (Rupees Thirteen Lakhs forty Six thousand six twenty rupees only) to the petitioner for the execution of Augmentation of MPWS Scheme in Yerraballi Village in Yerraballi GP of of Pulivendula Mandal in YSR Kadapa District, vide Ag.No. 72023-2024, dated 17.10.2023, pending disposal of WP.No of 2024 Counsel for the Petitioner: 1. T NAGARJUNA REDDY 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 Kadapa District. After execution of the said contract, a final bill was prepared for a sum of Rs.13,46,622/- 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.13,46,622/-, 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, RWS & S Division, Pulivendula, dated 04.10.2025, wherein, it is admitted that the petitioner is entitled for an amount of Rs.13,46,622/-. It is further stated that the bill was verified and approved by the Assistant Pay and Accounts Officer, Pulivendula. The bill was migrated to the CFMS portal. At the close of the financial year 2024–2025, the bill is currently shown in the CFMS portal as ‘Bill returned to DDO as per Articles 39 and 50 of the A.P. Financial Code, Volume I. 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.13,46,622/- 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 111 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 28843 OF 2024 06.10.2025 klk