1 APHC010337682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17069/2025 Between: 1. SIRIGIREDDY SIVA SHANKAR REDDY, S/O. NARAYANA REDDY, AGED ABOUT 50 YEARS, R/O. 4-19, DEGANAVANDLAPALLI, TAKKOLU, SIDDAVATAM MANDAL, YSR KADAPA DISTRICT, ANDHRA PRADESH - 516002. ...PETITIONER AND 1. THE STATE OF AP, REP., BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE, THULLUR MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI VILLAGE, THULLUR MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH. 3. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL 2 DEVELOPMENT DEPARTMENT, NH-16, TADEPALLI, GUNTUR DISTRICT. 4. THE DISTRICT COLLECTOR, (PANCHAYAT WING) YSR KADAPA DISTRICT. 5. THE SUPERINTENDING ENGINEER PR CIRCLE, YSR KADAPA DISTRICT. 6. THE EXECUTIVE ENGINEER, PANCHAYAT RAJ DIVISION, RAJAMPET, YSR KADAPA DISTRICT. 7. THE TAKKOLUGRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, TAKKOLU, SIDDAVATAM MANDAL, KADAPA DISTRICT, ANDHRA PRADESH. ...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 an order, direction or writ, more particularly one in the nature of writ of Mandamus, declaring the action of the Respondents in not releasing a.The amount of Rs. 2,31,775/- from the MGNREGS fund, Rs. 3,10,905/- from the State Development Fund and also withheld amount Rs. 1,82,928/-, totaling to an amount of Rs. 7,25,608/- under Work I.D.No.117153004004080041, relating to the laying of Cement Concrete Road from Takkolu to Patha Takkolu in Patha Colony of Takkolu Gram Panchayat, Sidhout Mandal, Kadapa District, as well b. The non-release of Rs. 90,965/- from the MGNREGS fund that was withheld as security for quality assurance for the work of internal CC road including drainage system and culverts from the Elementary School to D. Subba Reddys house in Takkolu Gram Panchayat (Work ID 117153004004080042), Totaling an amount of Rs. 8,16,573/-, as illegal, arbitrary and in violation of Articles 14, 19(1) (g), and 21 of the Constitution of India and .Consequently, direct the Respondents forthwith release a) the amounts of Rs. 2,31,775/- from the MGNREGS fund, b) Rs. 3,10,905/- from the SDF, c) Rs. 1,82,928/- withheld amount under Work I.D.No. 117153004004080041 and Rs. 90,965/- withheld amount under Work ID 117153004004080042, totaling Rs. 8,16,573/-, along with interest at 3 the rate of 18 per cent per annum from 25.03.2022 till the date of payment, and pass such other order or orders as this Honble Court may deem fit and proper in the circumstances of the case. Prayer is amended as per the Court's Order dt.11.09.2025 in I.A.No.02 of 2025. Counsel for the Petitioner: 1. VINOD KUMAR PEMMASANI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats 3. GP FOR FINANCE PLANNING 4 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.17069 of 2025 This Court made the following ORDER: 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.8,16,533/- 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.8,16,533/- 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 5 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, Rajampet, dated 09.10.2025, wherein, it is admitted that the petitioner is entitled for an amount of Rs.8,16,533/- and out of the said amount, the withheld amount of Rs.90,925/- was already paid to the petitioner and remaining amount of Rs.7,25,608/- is to be paid to the petitioner. 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.7,25,608/- 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 6 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 DT: 09.10.2025 krk 7 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.17069 of 2025 DT: 09.10.2025 krk 73