N APHC010320542025 IN THE HIGH COURT OF ANDHRA PRADE AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE TWENTY THIRD DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU WRIT PETITION NO: 16389 OF 9091; NIMMAGADDA Between: Alluri Surest! Kumar Raju, S/o. Alluri Surya Narayana Raju No.705, Adilya Sunshine apartments, Ranga Reddy District. , aged 50, R/oFlat Shilpa hills, Izzat nagar, Kondapur, ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Panchayat Raj & Rural Development, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The State of Andhra Pradesh Rep. by its Principal Secretary, Secretariat Buildings, Department of Finance and Planning Velagapudi, Amaravathi, Guntur District. 3. The Andhra Pradesh State Housing Corp Ltd, Rep. by its Managing Director, Auto Nagar, Vijaya\A/ada. 4. The Commissioner, Panchayat Raj and Guntur District. Rural Development, Tadepalli, 5. The Commissioner, Weaker Section Housing Programme Housing Corp. Ltd. Vijayawada. S. The District Collector, Dr. B.R Ambedkar Konaseema 7. The District Water Management Agency, Rep.by its Project Director, Dr. B.R Ambedkar Konaseema District. AP State District. 8. The Kandulapalem 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 Writ of Mandamus declaring action of the Respondents in withholding the payment of bill amount of Rs. 25,06,848/- (Rupees Twenty Five Lakh Six Thousand Eight Hundred and Forty Eight Rupees) in relation to the work project in namely development of housing colony under land development community lands vide Work ID No. 040513908009170382 as illegal, arbitrary and violative of Article 14 and 21 of the Constitution of India apart consequently direct the respondents to forthwith release the bill amount of Rs. 25,06,848/-(Rupees Twenty Five Lakh Six Thousand Eight Hundred and Forty Eight Rupees) with interest @24% per annum to the petitioner in respect of execution of above fromPrinciples of Natural Justice and mentioned work. lA NO: 1 OF 209/^ 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. 25,06,848/-(Rupees Twenty Five Lakh Six Thousand Eight Hundred and Forty Eight Rupees) interest @24% per annum in respect of the work of namely development of housing colony under land development with project in community lands” vide Work ID No. 040513908009170382 forthwith, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI P. VIVEK Counsel for the Respondent Nos.1,4 & 7: GP FOR PANCHAYAT RAJ & rural development Counsel for the Respondent No.2:GP FOR FINANCE AND PLANNING Counsel for the Respondent Nos.3,5 & 9:SRI K. MALLIKHARJUNA MOORTHY, SC FOR APSHCL SRI Y. KOTESWARA RAO, SC FOR ZPP, MPP & GRAM PANCHAYAT SRI Y. KOTESWARA RAO. SC FOR ZPP, MPP & GRAM PANCHAYAT Counsel for the Respondent No.8: Counsel for the Respondent No.8; The Court made the following order: 1% THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16389/2025 ORDER: 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.25,06,848/- 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 1. way of this writ petition. It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled for payment of Rs.25,06,848/-, no payment is being made. The petitioner contends that such non-payment of money is clearly arbitrary and high-handed requiring 2. 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. No.624/APSHCL/E&P/Critical infra/2024, General/ Court 08.10.2025, wherein it is stated that as foilows:- cases, dated (i) The Commissioner, proposals to the MD, APSHCL for transfer funds. PR&RD will send necessary of required (ii) The MD, APSHCL, Housing Department will send proposals to the (Hi) The Housing Department will Department for release of Department. send to the Finance BRO by the Finance (Vi) After, release of BRO by the Finance the Housing Department administration sanction. Department, make accorded will (v) After, according administration sanction by the APSHCL Weaker budget to the Commissioner, PR&RD (DDO code: 27032207001) Housing Department, the Managing Director will send proceedings to the Commissioner, Section Housing who will distribute (vi) Further, the Commissioner, funds to respective PD, Further, DWMA of bills in Nidhi Porta! and submit the to the Hon'ble Court through the Government concerned PR&RD, will adjust and uploading compliance report Pleader 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 Rs.25,06,848/- to the petitioner. amount of 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 6. 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/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, Department of Panchayat Raj & Rural Secretariat Buildings, The Principal Secretary, Development, State of Andhra Pradesh, 1. Velagapudi, Amaravathi, Guntur District. The Principal Secretary, Department of Finance and Planning, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District. The Managing Director, Andhra Pradesh State Housing Corp Ltd, Auto Nagar, Vijayawada. The Commissioner, Panchayat Raj and Rural Development, Tadepalli, Guntur District. 2. Amaravathi, 3. 4. I 5. The Commissioner, Weaker Section Housing Programme, AP State Housing Corp. Ltd. Vijayawada. 6. The District Collector, Dr. B.R AmbedkarKonaseema District. 7. The District Water Management Agency, Rep.by its Project Director, Dr. B.R Ambedkar Konaseema District. 8. The Panchayat Secretary, Kandulapalem Gram Panchayat, Ramachandrapuram, Dr. B.R Ambedkar Konaseema District. 9. The Project Director, AP State Housing Corporation Ltd., Dr. B.R Ambedkar Konaseema District 10. One CC to Sri P. Vivek, Advocate [OPUC] 11. One CC to Sri K. Mallikharjuna Moorthy, SC for APSHCL[OPUC] 12. One CC to Sri Y. Koteswara Rao, SC for ZPP, MPP & Gram Panchayat[OPL)C] 13. Two CCs to GP for Panchayat Raj & Rural Development, High Court of Andhra Pradesh [OUT] 14. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 15. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT] 16. TwoXD Cdpiesf n'< ssb HIGH COURT DATED;23/10/2025 ORDER WP No. 16389 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS