APHC010320692025 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: 16379 OF 2025 Between: Katta Ashok Babu, S/o late Narayana Murthy, aged 33, R/o D.No.4-52, Chinna Tallapolam, Ramachandrapuram, Dr. B.R Ambedkar Konaseema District. ...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 Hasanbada Gram Ramachandrapuram 9. The Project Director Ambedkar Konaseema District. Panchayat, Rep. by its Panchayat Secretary, Dr. B.R Ambedkar Konaseema District. A.P State Housing Corporation Limited. Dr. B.R -RESPONDENTS Petition under Article 226 circumstances stated i pleased to issue of Writ of Mandamus of the Constitution of India praying that in the in the affidavit filed therewith, a writ, order or direction the High Court may be particularly one in the nature declaring action of the Respondents payment of bill amount of The Hon'ble Two Lakh Forty Two Thousand to the work more withholding the in Court Rs.22.42,134/-(Rupees One Hundred and Thirty Four namely material supply for development the project named land Twenty only) in relation of housing colony under development project iin community lands' vide work violative of Article 14 Natural Justice and the bill amount of Hundred per annum to the petitioner in ID No. 040513918018170321 as illegal, arbitrary and and 21 of the Constitution of India apart from Principles of and Thfn n TncasandO.^ y our only) with interest @24% respect of execution of above- mentioned work. lA NO: 1 OF 9noc Petition under Section 151 In the affidavit filed i direct the CPC praying that in the circumstances in support of the petition, the High Court respondents to release the bill Twenty Two Lakh Forty with interest @24% stated may be pleased to amount of Rs.22,42,134/-(Rupees Two Thousand One Hundred and Thirty Four only) namely material per annum in respect of the work of supply for development of housing colony under development the project named “land work ID pending disposal of the Writ Petition. project in 040513918018170321 forthwith community lands vide No. Counsel for the Petitioner: Counsel for the Respondent SRI P. VIVEK Nos.1,4 & 7: GP FOR PANCHAYAT RAJ & rural development 2:GP FOR FINANCE AND PLANNING 3,5 & 9:SRI K. MALLIKHARJUNA Counsel for the Respondent No. Counsel for the Respondent Nos. moorthy, sc for APSHCL Counsel for the Respondent No.6; GP FOR REVENUE Counsel for the Respondent No. 8: SRI Y. KOTESWARA RAO, SC FOR ZPP, MPP & GRAM PANCHAYAT The Court made the following order: ll THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16379/2025 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.22,42,134/- 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. 1. It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled for payment of Rs.22,42,134/-, 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. 2. 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. On the other hand, learned Government Pleader for Panchayat Raj, while admitting about the claim of the petitioner, placed on record written instructions received from the Executive Engineer vide Letter U.O. 3. 4. No. 624/APSHCL/E&P/Cri|ical 08.10.2025, wherein,' infra/2024, General/ Court It IS stated that as follows;- cases, dated fO The Commissioner, proposals to the MD, APSHCL funds. PR&RD will send for transfer of necessary required 00 The MD, Housing Department OiO The Housing Department Department for Department. APSHCL, will send proposals to the will send to the Finance by the Finance release of BRO (vl) After, release of BRO Housing Department administration sanction. by the Finance Department, make the win accorded M After, Housing Department, win send according, administration sanction by the APSHCL Commissioner, Weaker budget to the 27032207001) the Managing Director, proceedings to the Section Housing who win distribute Commissioner, PR&RD (DDO code: M Fume, the Contntisslone, „ill funds to respective PD. Further. DWMA of bills In NidhI Porta! end submit to the Hon'ble Court adjust and uploading the compliance report through the Government Pleader concerned In view of the facts and the directions of this 5. and circumstances submitted i - in various cases and after in the affidavit, Court i hearing the this Writ Petition is submissions of learned disposed of with a direction to the Rs.22,42,134/-to the counsel for the petitioner respondents to release the amount of petitioner. % 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, appropriate forum. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. 6. in an Sd/- M SR!NIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Department of Panchayat Raj and Rural Secretariat Buildings, Development, State of Andhra Pradesh, Velagapudi, Amaravathi, Guntur District. 2. The Principal Secretary, Department of Finance and Planning, State of Andhra Pradesh, Secretariat Buildings, Velagapudi 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, Hasanbada Gram Panchayat, Ramachandrapuram, Dr. B.R Ambedkar Konaseema District. 9. The Project Director, A.P State Housing Corporation Limited, 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[OPLIC] 12. One CC to Sri Y. Koteswara Rao, SC for ZPP, MPP & Gram Panchayat[OPUC] 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. Two cfe’'Copies. '.V ssb HIGH COURT DATED:23/10/2025 ORDER WP No. 16379 OF 2025 i 0 5 NOV 2025 K rr*ntSectiojix%.'^ Co 4® DISPOSING OF THE W.P. WITHOUT COSTS