APHC010457682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE TWENTY THIRD DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 24307/2025 Between: 1.SRI YENIKA SRINIVASULU REDDY, S/O. AUDAIAH AGED55 YEARS, OCC CONTRACTOR R/O. D. NO. 9/355, COLLEGE ROAD, VISWANATHAPURAM, PODILI, PRAKASAM DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, A.P. SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE AND PLANNING DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI 3.THE COMMISSIONER, PANCHAYAT RAJ RURAL DEVELOPMENT DEPARTMENT OFFICE AT NAKKAL ROAD SURYARAO PETA VIJAYAWADA 4.THE DISTRICT COLLECTOR, PRAKASAM DISTRICT AT ONGOLE 5.THE EXECUTIVE ENGINEER, PRI DIVISION 2 KANDUKUR,PRAKASAM DISTRICT 6. THE DEPUTY EXECUTIVE ENGINEER PR SUB-DIVISION, KONDEPI, PRAKASAM 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 topleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents in not paying final bill amounts to the petitioner i) an amount of Rs. 14,95,207/- towards execution of the work, i.e. Formation and Gravel surface to the road from Vykuntapuram to Marripudi in Kuchipudi GP of Marripudi (M) vide Agt. No. 313/2023-24, Dated. 30.11.2023 and ii) an amount of Rs. 5,07,367/- towards execution of the work, i.e. Formation and Gravel surface to the road from Kuchipudi to ankepalli in Kuchipudi GP of Marripudi (M), vide Agt. No. 314/2023-24, Dated. 30.11.2023, as illegal, arbitrary, irresponsible, against to the principles of natural justice apart from being violative of Article 21 of the Constitution of India and consequently direct the respondents to prepare final bills for execution of the above works and pay the same forthwith along with interest in the interest of justice and 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 respondents to initiate necessary steps to pay i) an amount of Rs. 14,95,207/- towards execution of the work, i.e. Formation and Gravel surface to the road from Vykuntapuram to Marripudi in Kuchipudi GP of Marripudi (M) vide Agt. No. 313/2023- 24, Dated. 30.11.2023 and ii) an amount of Rs. 5,07,367/- towards execution of the work, i.e. Formation and Gravel surface to the road from Kuchipudi to ankepalli in Kuchipudi GP of Marripudi (M), vide Agt. No. 314/2023-24, Dated. 30.11.2023, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1.SHAIK JAHANGEER BASHA 3 Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR FINANCE PLANNING The Court made the following: 4 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 24307 OF 2025 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.20,02,574/- 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 the aforesaid sum of money, 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 dated 08.10.2025 submitted by the respondents, 5 wherein, it is stated that the petitioner has claimed the amount of Rs.20,02,574/-. After verification of the records Rs.16,82,729/- net amount has to be paid to the petitioner and Rs.3,19,845/- has to be paid recovered statutory recoveries. After releasing of the DMF budget will be paid to the petitioner and it will be reported to the higher authorities. 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.13,62,884/- 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 two (02) 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 6 interest, 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 23.10.2025 klk 7 757 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 24307 OF 2025 23.10.2025 klk