APHC010070012025 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) to lo j THURSDAY,THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3811 OF 2025 C ★ Between: Jinnuri Phani Surya Viswa Kumar, S/o. Years, Occ. Contractor, R/o. Door No.2-64, Uppalaguptam, East Godavari District. Jinnuri Venkateswara Rao, Aged 34 . Jinnurivari Palem, Nangavaram, ...PETITIONER AND 1. The State of Andhra Pradesh Rep by its Principal Secretary to Government Panchayat Raj and Rural Development Department Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The State of Andhra Pradesh A.P. Rep by its Principal Secretary to Finance Department, A.P. Secretariat Government, Amaravathi, Guntur District. 3. The Commissioner, PR|, Velagapudi Panchayat Raj and Rural Development Department, Office at Nakkai Road, Suryarao Peta, 4. The District Collector Vijayawada. (PRI), Amalapuram, Dr.B.R. Ambedkar Konaseema District. 5. The Superintending Engineer, EastGodavari District. 6. The Executive Engineer, PRI Division, Konaseema District. PRI Division Dowleswaram Amalapuram, Dr.B.R. Ambedkar 7. The Nangavaram Gramapanchayat, Rep its Panchyat Secretary, Nangavaram (V), Konaseema District. Uppalaguptham Mandal, Dr.B.R. Ambedkar ...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 or any other appropriate writ or direction declaring the action of the respondents in not releasing the total due payments of Rs.3,19,663/- Agreement.No.438/2023-24, dated.08.11.2023 and Suppy. Agreement.No. 438A/2023-24 Dated 17.02.2024 for ’ Providing Water Supply and Sanitation to Multipurpose Building in Nangavaram (V),Uppalaguptham (M)', under GGMP Grant funds in Uppalaguptham Mandal. as illegal, of India and consequently direct the respondent authorities to release the pending bills of Rs. 3,19,663/- with for the pending bills forthwith for executed by the petitioner. arbitrary and violative of Art 14 and 21 of Constitution the above said work lA NO: 1 OF 2Q2fi 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 respondents to consider for pending bills of Rs. 3,19,663/- with interest @ for the works executed by the petitioner for the Gadapaku Mana Prabhutvam (GGMP) Grant, in Uppalaguptham Mandal through the Agreements forthwith, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI ANNAMNEEDI BALAKRISHNA Counsel for the Respondent Nos.1, 3 to 6: GP FOR PANCHAYAT RAJ RURAL DEVELOPMENT work under Gadapa & ^ Counsel for the Respondent No.2:GP FOR FINANCE & PLANNING Counsel for the Respondent No.7:SRI Y.KOTESWARA RAO, SC FOR ZPP, MPP & GRAM PANCHAYAT The Court made the following order: APHC010070012025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3811/2025 Between: 1.JINNURI PHANI SURYA VISWA KUMAR, S/0. JINNURI VENKATESWARA RAO, AGED 34 YEARS, OCC. CONTRACTOR, R/0. DOOR NO.2-64, JINNURIVARI PALEM UPPALAGUPTAM, EAST GODAVARI DISTRICT. NANGAVARAM, ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT FINNANCE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT. PANCHAYAT RAJ AND RURAL OFFICE AT NAKKAL ROAD, 3.THE COMMISSIONER, PRI, DEVELOPMENT DEPARTMENT, SURYARAO PETA, VIJAYAWADA. 4.THE DISTRICT COLLECTOR PRI, AMALAPURAM, DR.B.R. AMBEDKAR KONASEEMA DISTRICT. 5.THE SUPERINTENDING ENGINEER, PRI DIVISION DOWLESWARAM,EASTGODAVARI DISTRICT. AMALAPURAM, 6.THE EXECUTIVE ENGINEER, PRI DIVISION, DR.B.R. AMBEDKAR KONASEEMA DISTRICT. NV,j W.P.No.3811 of 2025 7.THE NANGAVARAM GRAMAPANCHAYAT, REP ITS PANCHYAT SECRETARY, NANGAVARAM (V), DR.B.R. AMBEDKAR KONASEEMA DISTRICT. UPPALAGUPTHAM MANDAL, ...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 or any other appropriate writ or direction declaring the action of the respondents in not releasing the total due payments of Rs.3,19,663/- Agreement.No.438/2023-24, dated.08.11.2023 and Suppy.Agreement.No. 438A/2023-24 Dated 17.02.2024 for ' Providing Water Supply and Sanitation to Multipurpose Building in Nangavaram (V),Uppalaguptham (M)', under GGMP Grant funds in Uppalaguptham Mandal., as illegal, arbitrary and violative of Art 14 and 21 of Constitution India and consequently direct the respondent authorities to release pending bills of Rs. 3,19,663/- with for the pending bills forthwith for the above said work executed by the petitioner and pass lA 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 respondents to consider for pending bills of Rs. 3,19,663/- with interest @ for the works executed by the petitioner for the work under Gadapa Gadapaku Mana Prabhutvam (GGMP) Grant, in Uppalaguptham Mandal through the Agreements forthwith, pending disposal of the main Writ Petition and pass Counselfor the Petitioner: 1 .ANNAMNEEDI BALAKRISHNA Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR FINANCE PLANNING The Court made the following: of the 3 NV,J W.P.No.3811 of 2025 *» THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3811 OF 2025 ORDER: The petitioner had been awarded the contract of work(s) under the 1. subject scheme in East Godavari District. After execution of the said contract, a final bill was prepared for a sum of Rs.3,19,663/- 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. It is the contention of the petitioner that even though the respondents 2. 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. This Court, in various orders, including the judgment of a learned Single 3. 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 placed on record 4. written instructions submitted by the Executive Engineer, PR Division, Amalapuram, wherein, it is stated that since the budget was not released by the Government, the bills were not paid to the petitioner. Soon after release of the budget by the Government, the bills will be paid to the petitioner. 4 NV,j W.P.N0.S8II of 2025 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.3,19,663/- 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 interest, if payable by the respondents, in an appropriate forum. There shall be no order as to costs. 5. any Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR SECTION OFFICER //TRUE COPY// To, 1. The Principal Secretary to Government, Panchayat Raj and Rural Development Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Principal Secretary to Government, Finance Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi District. 3. The Commissioner, PRI, Panchayat Raj and Rural Development Department, Office at Nakkal Road, Suryarao Peta, Vijayawada. 4. The District Collector (PRI), Amalapuram, Dr.B.R. Ambedkar Konaseema District. 5. The Superintending Engineer, PRI EastGodavari District. 6. The Executive Engineer, PRI Division, Amalapuram, Dr.B.R. Ambedkar Konaseema District. 7. The Panchyat Secretary, Nangavaram Gramapanchayat, Nangavaram (V), Uppalaguptham Mandal, Dr.B.R. Ambedkar Konaseema District. 8. One CC to Sri Annamneedi Balakrishna, Advocate [OPUC] 9. One CC to Sri Y. Koteswara Rao, SC for ZPP, MPP & Gram Panchayat[OPUC] 10. Two CCs to GP for Panchayat Raj & Rural Development, High Court of Andhra Pradesh [OUT] 11. Two CCs to GP for Finance and Planning, High Court of Andhra Pradesh [OUT] 12. Two CD Copies. K Amaravathi, Guntur Division, Dowleswaram, ssb HIGH COURT DATED:31/07/2025 ORDER WP No. 3811 OF 2025 a 01 SEP 2025 /Co ' ntSectiou^ ^ DISPOSING OF THE W.P. WITHOUT COSTS