::1:: APHC010582542024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE TWENTY FOURTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 30469/2024 Between: 1. KURMI THIRUPALU, S/O. KURMI ROGENNA, AGED 54 YEARS, R/O. 4-200-74, YSR NAGAR, DHONE MANDAL, KURNOOL DISTRICT, ANDHRA PRADESH - 518 222. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE COMMISSIONER, PANCHAYAT RAJ DEPARTMENT, NO. 12-47, PVS EMPIRE ROAD TADEPALLI, GUNTUR DISTRICT. ::2:: 4. THE ENGINEERINCHIEF/CHIEF ENGINEER, PANCHAYAT RAJ DEPARTMENT, BANDAR ROAD OPP. PWD GROUNDS, VIJAYAWADA, ANDHRA PRADESH. 5. THE DISTRICT COLLECTOR AND CHAIRMAN, DISTRICT MINERAL FUND TRUST, NANDYAL, NANDYAL DISTRICT, 6. THE SUPERINTENDING ENGINEER, PANCHAYAT RAJ CIRCLE, KURNOOL, KURNOOL DISTRICT. 7. THE EXECUTIVE ENGINEER, PANCHAYAT RAJ (PIU) DIVISION KURNOOL, KURNOOL DISTRICT. 8. THE EXECUTIVE ENGINEER, PANCHAYAT RAJ (PIU) DIVISION, NANDYAL (ERSTWHILE KURNOOL) DISTRICT. 9. THE DEPUTY DIRECTOR OF MINES AND GEOLOGY, NANDYAL, NANDYAL DISTRICT. 10. THE PAY AND ACCOUNTS OFFICER, WORKS AND ACCOUNTS, D.NO. 29-2-52, MANASA COMPLEX, RAMA MANDIRAM STREET, GOVERNORPET, VIJAYAWADA, KRISHNA 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 to issue a direction or order more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondent Authorities in not releasing the pending bill amount of Rs.21,99,522/- pertaining to M-Book N0.4159-A in relation to the work executed i.e., 'Gravelling the road from RTO Office to Dorapalli Fields rastha at Dhone Mandal' vide Agreement No. /2023- 24 dated 03.11.2023 and also in not releasing the pending bill amount of Rs. 13,47,660/- ::3:: pertaining to M-Book No.4154-A in relation to the work executed i.e., Gravelling the road from Usanna kunta to Degala Margam at Kocheruvu of Dhone Mandal' vide Agreement No. /2023-24 dated 18.10.2023, totaling an amount of Rs.35,47,182/- under DMF Grant is questioned as the same is illegal. arbitrary, violative of principles of natural justice, violative of provisions of Clause 68 of the Andhra Pradesh Detailed Preliminary Standard Specification and violative of Articles 14, 21 and 300-A of Constitution of India and consequently direct the Respondent Authorities to pay the said total pending amounts with interest at the rate of 24percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned works forthwith and to pass Counsel for the Petitioner: 1. RAMESH BABU TATAPUDI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR MINES AND GEOLOGY 3. GP FOR FINANCE PLANNING ::4:: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 30469 of 2024 This Court made the following ORDER: The petitioner had been awarded the contract of work(s) under the subject scheme in Kurnool District. After execution of the said contract, a final bill was prepared for a sum of Rs.35,47,182/- 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.35,47,182/- 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. ::5:: 4. On the other hand, learned Government Pleader placed on record written instructions submitted by the Executive Engineer, PR (PIU) Division, Nandyal, dated 23.10.2025, wherein, it is admitted that the petitioner is entitled for an amount of Rs.35,47,182/-. 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.35,47,182/- 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 ::6:: 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 24.10.2025 KRK ::7:: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA 61 WRIT PETITION NO: 30469 OF 2024 24.10.2025 krk