APHC010084112025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF JULY p TWO THOUSAND AND TWENTY FOUR t PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5666 OF 2025 o Between: M/s. Sri Dharma Shasta Contractors, Ofc. at D.No. 18-91 Banaganapalle, Nandyala District, Andhra Pradesh - 518 124 Rep. by its Managing Partner Appaju Muralimohan Rao Kondapeta, ...Petitioner AND 1. The State of Andhra Pradesh, Department of PR and RD RWS EFS Department, Rep by its Principal Secretary, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The State of Andhra Pradesh, Department of Mines and Geology, Rep by its Principal Secretary, Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 3. The District Collector and Chairman, District Mineral Foundation Collectorate, Nandyala, Nandyala District. 4. The Executive Engineer, PR (PIU) Division, Nandyala, Nandyala District. 5. The Deputy Executive Engineer, PRI Sub-Division, Nandyala District 6. The Deputy Director of Mines and Geology, Nandyala, Nandyala and T , District Banaganapalle, District ...Respondents , eejition 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 declaring the action of respondents in not releasing funds amounting to Rs. 39,44,415/- even after successful completion of the worK and after finalizing the bills in connection with (a) Providing Gravel road from R and B Road to Raphurajapuram at G.Singavaram(V) Owk{M) Nandyal District having Measurement Book no. (1) 3076-A (b) Providing Internal CC roads in main village of Eggoni(V) of Sanjamala Mandal in of Nandyal District having Measurement Book no. 3184-A (c) Providing gravfel road from Abhishekam house to SRBC (Chanugondia rasta) at Singanapalli(V) of Owk Mandal in Nandyal District having Measurement Book no. 3194-A (d) Providing gravel road from Vemi Reddy Chandrasekhar Reddy fields to Yellareddy fields (Vasanthapuram rastha) at Singanapalli(V) Owk Mandal in Nandyal District having Measurement Book no. 3195-A and (e) Providing construction of Culverts to Erravanka road at Annavaram(V) of no. 3210-A dated India and Owk(M) in Nandyal District having Measurement Book 18.02.2024 as violative of Articles 14 and 19 of Constitution of declare the actions of the Respondents as illegal, arbitrary, improper, unjust and against the Article 21 of Constitution of India and consequently direct the respondents to pay the amounts of Rs. 39,44,415/- with interest @ 24percent per annum for the delayed amount till date of realization. lA NO: 1 OF 20?.*; 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 the Respondents releasing funds amounting to Rs. 39,44,415/- even after successful^ completion of the work and after finalizing the bills in R & B Road to District having connection with (a) Providing Gravel road from Raghurajapuram at G.Singavaram(V) Owk(M) of Nandyal Measurement Book no, (1) 3076-A which was sanctioned by way of Progs. RC.No.99/DMF/SEPR/Kurnool/2020 dated 07.12.2020 (b) Providing Internal CC roads in main village of Eggoni(V) of Sanjamala Mandal in Nandyal District having Measurement Book no. 3184-A which wa sanctioned by way of Progs. No. 07PR/DMF/BPL/NDL/2022 dated ,05.2023 (c) Providing gravel road from Abhishekam house to SRBC (Chanugondia rasta) at Singanapalli(V) of Owk Mandal in Nandyal District having Measurement Book no. 3194-A which was sanctioned byway Progs. RC No. 34/BPL/PR/NDL/2023 dated 01.01.2024 (d) Providing gravel road from Vemi Reddy Chandrasekhar Reddy fields to Yellareddy fields (Vasanthapuram rastha) at Singanapalli(V) Owk Mandal in Nandyal District having Measurement Book no. 3195-A which was sanctioned by way of Progs. Rc. No. 34/BPL/GR/PR/NDl_/2023 dated 01.01.2024; and (e) Providing construction of Culverts to Erravanka road at Annavaram(V) of Owk(M) in Nandyal District having Measurement Book no. 3210-A which was sanctioned by way of Progs. Rc No. 251/DMF/PR/BPL/NDL/2024 dated 18.02.2024, pending disposal of the main writ petition. Counsel for the Petitioner: SRI VARUN BYREDDY Counsel for the Respondents No.1, 3 to 5: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondents No.2 & 6: GP FOR MINES AND GEOLOGY The Court made the following order: 1 NV,J W.P.No.5666 of 2025 APHC010084112025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5666/2025 Between: 1.M/S. SRI DHARMA SHASTA CONTRACTORS,, OFC. AT D. NO. 18- 91, KONDAPETA, ANDHRA PRADESH - 518 124 REP. BY ITS MANAGING PARTNER APPAJU MURALIMOHAN RAO BANAGANAPALLE, NANDYALA DISTRICT, ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, DEPARTMENT OF PR AND RD REP BY ITS PRINCIPAL SECRETARIAT BUILDINGS, VELAGAPUDI, RWS EFS AND T DEPARTMENT SECRETARY, AMARAVATI, GUNTUR DISTRICT. 2.THE STATE OF ANDHRA PRADESH, DEPARTMENT OF MINES AND GEOLOGY, REP BY ITS PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3.THE DISTRICT COLLECTOR AND CHAIRMAN, DISTRICT MINERAL DISTRICT COLLECTORATE, NANDYALA, FOUNDATION NANDYALA DISTRICT. 4.THE EXECUTIVE ENGINEER, PR (PIU) DIVISION, NANDYALA, NANDYALA DISTRICT. 5.THE DEPUTY EXECUTIVE ENGINEER, PRI SUB-DIVISION, BANAGANAPALLE, NANDYALA DISTRICT 2 NV,J W.P.No.5666of 2025 6.THE DEPUTY DIRECTOR OF MINES AND GEOLOGY, NANDYALA, NANDYALA 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 topleased to issue a Writ, order or direction more particularly the nature of Writ of Mandamus declaring the action of respondents in not releasing funds amounting to Rs. 39,44,415/- completion of the work and after finalizing the bills in connection with (a) Providing Gravel road from R and B Road to Raghurajapuram at G.Singavaram(V) Owk(M) of Nandyal District having Measurement Book (1) 3076-A (b) Providing Internal CC roads in main village of Eggoni(V) of Sanjamala Mandal in Nandyal District having Measurement Book no. 3184-A (c) Providing gravel road from Abhishekam house to SRBC (Chanugondia rasta) at Singanapalli(V) of Owk Mandal in Nandyal District having Measurement Book no. 3194-A (d) Providing gravej road from Vemi Reddy Chandrasekhar Reddy fields to Yellareddy fields (Vasanthapuram rastha) at Singanapalli(V) Owk Mandal in Nandyal District having Measurement Book no. 3195-A and (e) Providing construction of Culverts to Erravanka road at Annavaram(V) of Owk(M) in Nandyal District having Measurement Book 3210-A dated 18.02.2024 as violative of Articles 14 and 19 of Constitution of India and declare the actions of the Respondents as illegal, arbitrary, improper, unjust and against the Article 21 of Constitution of India and consequently direct the respondents to pay the amounts of Rs. 39,44,415/- with interest @ 24percent per annum for the delayed amount till date of realization one in even after successful no. no. 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 the Respondents releasing funds amounting to Rs. 39,44,415/- even after successful completion of the'work and after finalizing the bills in connection with (a) Providing Gravel road from R&B Road to Raghurajapuram at G.Singavaram(V) Owk(M) of Nandyal District having Measurement Book no, (1) 3076-A which was sanctioned by way of Progs. RC No.99/DMF/SEPR/Kurnool/2020 dated 07.12.2020 (b) Providing Internal CC roads in main village of Eggoni{V) of Sanjamala Mandal in Nandyal 3 NV,J W.P.No.5666 of 2025 District having Measurement Book no. 3184-A which wa sanctioned by way of Progs. No. 07PR/DMF/BPL/NDL/2022 dated ,05.2023 (c) Providing gravel road from Abhishekam house to SRBC (Chanugondia rasta) at Singanapalli(V) of Owk Mandal in Nandyal District having Measurement Book no. 3194-A which was sanctioned byway Progs. RC No. 34/BPL/PR/NDL/2023 dated 01.01.2024 (d) Providing gravel road from Vemi Reddy Chandrasekhar Reddy fields to Yellareddy fields (Vasanthapuram rastha) at Singanapalli(V) Owk Mandal in Measurement Book no. 3195-A which was sanctioned by way of Progs. Rc. No. 34/BPL/GR/PR/NDI_/2023 dated 01.01.2024; and (e) construction of Culverts to Erravanka road at Annavaram(V) of Owk(M) in Nandyal District having Measurement Book no. 3210-A which was sanctioned by way of Progs. Rc No. 251/DMF/PR/BPL/NDL/2024 dated 18.02.2024, pending disposal of the main writ petition; Nandyal District having Providing Counsel for the Petitioner: 1.VARUN BYREDDY Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR MINES AND GEOLOGY Th6 Court made the following: 4 NV,J W.P.No.5666 of 2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMWIAGADDA WRIT PETITION NO: 5666 OF 2025 ORDER: 1. 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.39,44,415/- 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. 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. On the other hand, learned Government Pleader placed on record written instructions submitted by the Executive Engineer, PR (PIU) Division Nandyal dated 20.06.2025 stating 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. 5 NV,J W.P.No.5666 of 2025 ' 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 learned counsel for the petitioner, this Writ Petition is disposed of with a direction to the respondents to release the amount of Rs.39,44,415/- to the petitioner. of 6. As far as interest component is concerned, if there iIS any subsisting clause in the agreemeht/work order envisaging payment or non-payment of Interest upon any amount which is due and payable, the same is binding upon regard to interest respondents are directed to release both the parties. In the absence of any clause with component in the agreement, the the amount along with the interest @ 6% of the judgment of the Hon’ble Division per annum on delayed payment, in view Bench of this Court in Writ Appeal 12.10.2023 if not paid, within No.724 of 2021 and batch dated (02) months from the date of open to the petitioner to agitate his payable by the respondents, i as to costs. 7. Consequently. Miscellaneous Petitions Petition shall stand closed. a period of two receipt of a copy of this order. It would claim for higher rate of interest in an appropriate forum. There shall be also be if any no order if any, pending in this Writ Sd/- N NAGAMMA ASSISTANT REGISTR;^ //TRUE COPY// SEC OFFICER To, ^ and Pradesh, Department of PR VelanannHi^^^ ^ Department, Secretariat Buildings velagapudi, Amaravati, Guntur District. ^ 2. The Principal Secretary, State of Andhra Pradesh and Geology, Secretariat Buildings, Velagapudi’ District. Department of Mines Amaravati, Guntur 3. The District Collector and Chairman, District Mineral Foundation, District Collectorate, Nandyala, Nandyala District. 4. The Exe<jutive Engineer, PR (PIU) Division, Nandyala, Nandyala District. 5. The Deputy Executive Engineer, PRI Sub-Division, Banaganapalle, Nandyala District 6. The Deputy Director of Mines and Geology, Nandyala, Nandyala District 7. One CC to Sri Varun Byreddy, Advocate [OPUC] 8. Two CCs to GP for Panchayat Raj & Rural Development, High Court of Andhra Pradesh [OUT] 9. Two CCs to GP for Mines & Geology, High Court of Andhra Pradesh [OUT] Two CD Copies 10. RAM HIGH COURT DATED:18/07/2024 ORDER WP NO. 5666 OF 2025 gT 19 AUG 2025 )^l - ys?v X^NCjiiT^Sectiop^*^ DISPOSING OF THE WP WITHOUT COSTS