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High Court of Andhra Pradesh · body

2025 DAILYLAW 7687 (AP)

V SRIDHAR REDDY v. THE STATE OF ANDHRA PRADESH

WP/4393/2025 · 2025-07-13

Venkateswarlu Nimmagadda

body2025

Judgment text

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Ife' APHC010078812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 4393 OF 2025 Between: V. Sridhar Reddy, C/o Nominee Works Committee, Age 40 Yrs, Occ: Civil Contrator, # Kuchipudi Village, Marripudi Mandal, Prakasam Dist. ...PETITIONER AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary to Govt, PR, RD and RWS Department, AP Secretariat, Velagapudi, Guntur Dist. 2. The State of Andhra Pradesh, ,Rep by its Principal Secretary, Finance Department, AP Secretariat ,Velagapudi, Guntur Dist. 3. The District Collector and District Magistrate, Ongole, Prakasam Dist. 4. The Superintending Engineer, Rural Water Supply & Sanitation Dept., Santhapet, Ongole, Prakasam Dist. 5. The Deputy Executive Engineer, Rural Water Supply & Sanitation Dept., Singarayakonda, Prakasam Dist. 6. The Asst Executive Engineer, Rural Water Supply & Sanitation Dept., Marripudi Mandal, Prakasam Dist. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may <1 be pleased to issue a writ of mandamus or any appropriate order or direction respondents to upload the Bills in NIDHI/APCFSS portal as per the approved M-Book for release of payment of Rs.4,22,142/-for Civil contract work executed by the petitioner/ Nominees Works GGMP(2022-23) Grant for construction of side Nageswara rao to Manda Tirupalu house in SC colony Kuchipudi GP in Marripudi Mandal, Prakasam Dist. to the Estimate Cost of Rs.5-00 Lakhs which are delayed for last 1 year is illegal arbitrary improper and without any power or authority under law and against to the Art. 14,16 and 21 of the Constitution of India. to Committee ( under drains from Chilakala lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct to respondents to release the payment of Rs.44,22,142/-by uploading bills in NIDHI/APCFSS portal as per the approved M-Book for Civil contract work executed by the petitioner/ Nominees Works Committee ( under GGMP(2022-23) Grant for construction of side drains from Chilakala Nageswara rao to Manda Tirupalu house in SC colony Kuchipudi GP in Marripudi Mandal.Prakasam Dist. to the Estimate Cost of Rs. 5.00 Lakhs pending disposal of the above writ petition. Counsel for the Petitioner: SRI GUNDALA SIVA PRASADA REDDY Counsel for the Respondent Nos.1, 3 to 6: GP FOR PANCHAYAT RAJ AND RURAL DEVELOPMENT Counsel for the Respondent No.2:GP FOR FINANCE AND PLANNING The Court made the following order: APHC010078812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 4393/2025 Between: AGE SRIDHAR REDDY, C/0 NOMINEE WORKS COMMITTEE, 40YRS,OCC CIVIL CONTRATOR, KUCHIPUDl VILLAGE,MARRIPUDI MANDAL,PRAKASAM DIST. 1.V ...PETITIONER AND OF ANDHRA PRADESH, REP BY ITS PRINCIPAL RWS 1.THE STATE SECRETARY DEPARTMENT.APSECRETARIAT .VELAGAPUDl.GUNTUR DIST AND GOVT,PR,RD TO OF ANDHRA PRADESH, ,REP BY ITS PRINCIPAL DEPARTMENT,AP 2.THE STATE SECRETARY,FINANCE VELAGAPUDI,GUNTUR DIST. SECRETARIAT COLLECTOR AND DISTRICT MAGISTRATE, 3.THE DISTRICT ONGOLE,PRAKASAM DIST. 4.THE SUPERINTENDING ENGINEER, RURAL WATER SUPPLY AND SANITATION DEPT, SANTHAPET, ONGOLE,PRAKASAM DIST. DEPUTY EXECUTIVE ENGINEER, RURAL WATER SUPPLY SANITATION DEPT, SINGARAYAKONDA, PRAKASAM DIST. 6.THE ASST EXECUTIVE ENGINEER, RURAL WATER SUPPLY AND SANITATION DEPT, MARRIPUDI MAN DAL, PRAKASAM DIST. ...RESPONDENT(S): 5.THE AND 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 tomay be pleased to issue a writ of mandamus or any appropriate order or direction to respondents to upload the Bills in NIDHl/APCFSS portal as per the approved M-Book for release of payment of Rs.4,22,142/-for Civil contract work executed by the petitioner/ Nominees Works Committee ( under drains from Chilakala GGMP(2022-23) Grant for construction of side Nageswara rao to Manda Tirupalu house in SC colony Kuchipudi GP in Marripudi Mandal.Prakasam Dist.to the Estimate Cost. Of Rs.5-00Lakhs which are delayed for last 1 year is illegal arbitrary improper and without any power or authority under law and against to the Art. 14,16 and 21 of the Constitution of India and to pass such 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 be pleased to direct to respondents to release the payment of Rs.44,22,142/- by uploading bills in NIDHl/APCFSS portal as per the approved M-Book for Civil contract work executed by the petitioner/ Nominees Works Committee ( under GGMP(2022-23) Grant for construction of side drains from Chilakala Nageswara rao to Manda Tirupalu house in SC colony Kuchipudi GP in Marripudi Mandal.Prakasam Dist.to the Estimate Cost. Of Rs. 5.00 Lakhs pending disposal of the above writ petition and to pass such Counsel for the Petitioner: 1.GUNDALA SIVA PRASADA REDDY Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR FINANCE PLANNING The Court made the following: HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 4393 OF 2025 THE ORDER: awarded the contract of work(s) under the 1. The petitioner had been Prakasam District. After execution of the said contract, a sum of Rs.4,22,142/- as per the sanctioned subject scheme in final bill was prepared for a 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 orders. As the payment 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- is clearly arbitrary and high-handed requiring the payment of money interference of this Court. 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 This Court, in various 3. need to be cleared by the respondents at the earliest. On the other hand, learned Government Pleader placed on record dated 14.07.2025 submitted by the Executive Engineer, 4. written instructions RWS&S Division, Ongole, wherein, it is stated that since the budget was not released by the Government, the bills were not paid to the petitioner. Soon • - m after release of the budget by the Government petitioner. the bills will be paid to the 5. In view of the facts and ci 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 circumstances submitted in the affidavit, and the amount of Rs.4,22,142/- to the petitioner. 6. As far as interest component is concerned, if there is clause in the agreement/work order interest upon any amount which is due and payable, the both the parties. In the absence of any subsisting envisaging payment or non-payment of same is binding upon 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, i of the judgment of the Hon’ble Division Bench of , in view 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 rate of interest, if any payable by the respondents, in an appropriate forum. There shall be no order as to costs. open to the petitioner to agitate his claim for higher Consequently, Miscellaneous Petitions Petition shall stand closed. if any, pending in this Writ Sd/- B. CHITTI JOSEPH ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, Principal Secretary to Govt., PR, RD and RWS Department 1. The State of Andhra Pradesh, AP Secretariat, Velagapudi, Guntur Dist. Secretary, Finance Department, State of Andhra 2. The Principal Pradesh, AP Secretariat .Velagapudi, Guntur Dist. % District Magistrate, Ongole, Prakasam 3. The District Collector and Dist. Rural Water Supply & Sanitation 4. The Superintending Engineer Dept., Santhapet, Ongole, Prakasam Dist. 5. The Deputy Executive Engineer, Rurai Water Supply & Sanitation Dept., Singarayakonda, Prakasam Dist. 6. The Asst Executive Engineer, Rural Water Supply & Sanitation Dept., Marripudi Mandal, Prakasam Dist 7. One CC to Sri Gundala Siva I 8. Two CCS to GP for 1 Court of Andhra Pradesh [OUT] 9. Two CCs to GP for Finance Prasada Reddy, Advocate [OPUC] Panchayat Raj and Rural Development, High and Planning, High Court of Andhra Pradesh [OUT] 10. Two CD;C?Qpies i . ssb HIGH COURT ;■ •- ■ „'DATED:14/07/2025 4 <r. f 01 SEP 2025 Current Section 4£esPATCV<gj^ ORDER WP No.4393 OF 2025 X <2, DISPOSING OF THE W.P. WITHOUT COSTS