::1:: APHC010054432025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE TWENTY EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3191/2025 Between: 1. P T R BROTHERS PROJECTS, REP.BY.ITS MANAGING PARTNER SRI.P.KEERTHI REDDY,W/O.THIRUPATHI, AGE 50 YEARS, D/O.1-1266,BANGLOW THOTA , NAWABPETA, NELLORE , ANDHRA PRADESH ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, TO PANCHAYAT RAJ AND RURAL DEVELOPMENT ,SECRETARIAT BUILDING, VELAGAPUDI,AMARAVATHI, GUNTUR. 2. THE EXECUTIVE ENGINEER, PIU(PR) DIVISION, SPSR NELLORE DISTRICT. 3. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. ...RESPONDENT(S): ::2:: 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 an appropriate Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payments of pending amounts of Rs. 1,20,61,149 /- ( One Crore Twenty Lakhs. Sixty One Thousand. One Hundred and Forty Nine Rupees only), even after finalizing the bills payable to the petitioner in relation to the works i.e. I. Thurimerla Branch road in Dagadarthi mandal in SPSR Nellore District. Agreement no. /2018- 19 , dated 09.04.2018. sanctioned Under Chief engineer ,PR Grant, and pass Counsel for the Petitioner: 1. DEVASRI ROSHAN KANCHARLA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING ::3:: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3191/2025 This Court made the following ORDER: The petitioner had been awarded the contract of work(s) under the subject scheme in Nellore District. After execution of the said contract, a final bill was prepared for a sum of Rs.1,20,61,149/- 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.1,00,67,756/- 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:: 4. On the other hand, Respondent No.2 filed counter, wherein it is admitted that the petitioner is entitled for an amount of Rs.1,00,67,756/-. It is further stated that the work has been technically sanctioned on 12.01.2018 and work has been commenced on 09.04.2018, closed on 08.04.2019 during that time due to technical issue the then “Executive Engineer” named L. Vijay Kumar (late) has not prepared Digital M-Books and respondents are taking steps to clear the bills as per the Sop. 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.1,00,67,756/- 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 ::5:: 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 six (6) months from the date of receipt of a copy of this order. It would also be open to the petitioner to agitate its 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 28.08.2025 KRK ::6:: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA 56 WRIT PETITION NO:3191 OF 2025 28.08.2025 krk