/ APHC010320672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE TWENTY THIRD DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16311 OF 2025 Between: Ravulapalli Narayana, S/o R.Krishnayya, aged 41 Kakolluvaripalle, Damancherla, Varikuntapadu, Nellore. R/o ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Panchayat Raj and Rural Development, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and Planning, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 3. The Andhra Pradesh State Housing Corp Ltd, Rep. by its Managing Director, Auto Nagar, Vijayawada. 4. The Commissioner, Panchayat Raj and Rural Development, Tadepalli, Guntur District. 5. The Commissioner, Weaker Section Housing Programme, AP State Housing Corp. Ltd. Vijayawada. 6. The District Collector, Dr. B.R Ambedkar Konaseema District. 7. The District Water Management Agency, Rep.by its Project Director, Dr. B.R Ambedkar Konaseema District. 8. The Vella Gram Panchayat, Rep. by its Panchayat Secretary, Ramachandrapuram, Dr. B.R Ambedkar Konaseema District. 9. The Project Director, AP State Housing Corporation Ltd., Ambedkar Konaseema District. Dr. B.R ...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 a writ, order or direction more particularly one in the nature of Mandamus declaring action of the Respondents in withholding the payment of bill amount of Rs. 28,64,404 (Rupees Twenty Eight Lakh Sixty Four Thousand Four Hundred and Four) in relation to the work namely development of housing colony under land development project in community lands vide Work ID No. 040513909010170761 as illegal, arbitrary and violative of Article 14 and 21 of the Constitution of India apart from Principles of Natural Justice and consequently direct the respondents to forthwith release the bill amount of Rs. 28,64,404 (Rupees Twenty Eight Lakh Sixty Four Thousand Four Hundred and Four)with interest @24 percent per annum to the petitioner in respect of execution of above-mentioned work. 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 the bill amount of Rs. 28,64,404 (Rupees Twenty Eight Lakh Sixty f Four Thousand Four Hundred and Four) with interest @24% per annum in respect of the work of namely “development of housing colony under land development project in community lands” vide Work ID No. 040513909010170761 forthwith, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI P VIVEK Nos. 1,4 and 7: GP FOR PANCHAYAT RAJ KUKAL DEV Counsel for the Respondent No. 2: GP FOR FINANCE PLANNING Counsel for the Respondent Nos MOORTHY Counsel for the Respondent No. 6; GP FOR REVENUE Counsel for the Respondent No. 8: SRI Y KOTESWARA ZPP, MPP AND GP The Court made the following order: 3,5 and 9: SRI K MALLIKHARJUNA RAO SC FOR THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16311/2025 ORDER: 1. The petitioner had been awarded the contract of work(s) under the subject scheme in East Godavari District. After execution of the said contract, a final bill was prepared for a sum of Rs.28,64,404/- 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. It is the contention of the petitioner that even though the 2. respondents admitted that the petitioner is entitled for payment of Rs.28,64,404/-, 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 for Panchayat Raj 4. while admitting about the claim of the petitioner, placed on record written instructions received from the Executive Engineer vide Letter U.O. T % No,624/APSHCL/E&P/Critical infra/2024, General/ Court cases, dated 08.10.2025, wherein it is stated that as follows;- (i) The Commissioner, PR&RD will send necessary proposals to the MD, APSHCL for transfer of required funds. (II) The MD, APSHCL, will send proposals to the Housing Department (Hi) The Housing Department will send to the Finance Department for release of BRO by the Finance Department. (vl) After, release of BRO by the Finance Department, the Housing Department will make accorded administration sanction. (v) After, according administration sanction by the Housing Department, the Managing Director, APSHCL will send proceedings to the Commissioner, Weaker Section Housing who will distribute budget to the Commissioner, PR&RD (DDO code: 27032207001) (vl) Further, the Commissioner, PR&RD, will adjust funds to respective PD, Further, DWMA and uploading of bills In Nidhi Portal and submit the compliance report to the Hon'ble Court through the Government Pleader concerned 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.28,64,404/- 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 four (04) 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. Sd/- G HELA NAIDU DEPUTY ^^ISTRAR //TRUE COPY// SECTION OFFICER To, Department of Panchayat Raj and Rural Secretariat Buildings, 1. The Principal Secretary, Development, State of Andhra Pradesh, Velagapudi, Amaravathi, Guntur District. 2. The Principal Secretary, Department of Finance and Planning, State of Andhra Pradesh, Velagapudi, Secretariat Buildings, Amaravathi, Guntur District. 3. The Managing Director, Andhra Pradesh State Housing Corp Ltd, Auto Nagar, Vijayawada. 4. The Commissioner, Panchayat Raj and Rural Development, Tadepalli, Guntur District. 5. The Commissioner, Weaker Section Housing Programme, AP State Housing Corp. Ltd. Vijayawada. 6. The District Collector, Dr. B.R Ambedkar Konaseema District. 7. The Project Director, District Water Management Agency, Dr. B.R Ambedkar Konaseema District. 8. The Panchayat Secretary, Vella Gram Panchayat, Ramachandrapuram, Dr. B.R Ambedkar Konaseema District. 9. The Project Director, AP State Housing Corporation Ltd., Dr. B.R Ambedkar Konaseema District. One CC to Sri. P Vivek Advocate [OPUC] One CC to Sri. K Mallikharjuna Moorthy Advocate [OPUC] One CC to Sri. Y Koteswara Rao, SC for ZPP, MPP and GP 10. 11. 12. [OPUC] 13. Two CCs to GP for Panchayat Raj Rural Dev High Court of Andhra Pradesh [OUT] Two CCs to GP for Revenue High Court of Andhra Pradesh 14. [OUT] 15. Two CCs to GP for Finance Planning High Court of Andhra Pradesh [OUT] Two CD Copies 16. GSC HIGH COURT DATED:23/10/2025 ORDER WP NO. 16311 OF 2025 DISPOSING THE WP WITHOUT COSTS