APHC010101202025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6987/2025 Between: 1. MAARADHA VENKATA MANGARAO, S/O. APPARAO AGED ABOUT 49YEARS, OCC CONTRACTOR, DO. NO. R/O. 1-117, NARAYANAPURAM VILLAGE UNGUTURU MANDAL, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, THE PANCHAYATH RAJ DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI VILLAGE, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPLE SECRETARY, FINANCE DEPARTMENT, A P SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI. 3. THE COMMISSIONER PANCHAYAT RAJ AND RURAL DEVELOPMENT, PVS ICON BUILDING, TADEPALLI, GUNTUR DISTRICT. 4. THE AP STATE HOUSING CORPORATION LIMITED, REP BY MANAGING DIRECTOR, D. NO. 12-52, ENIKEPADU, VIJAYAWADA, ANDHRA PRADESH. 5. THE PROJECT DIRECTOR, HOUSING CORPORATION, ELURU DISTRICT 2 6. THE PROJECT DIRECTOR, MGNREGS, ELURU DISTRICT. 7. THE MANDAL PARISHAD DEVELOPMENT OFFICER, UNGUTURU MANDAL, ELURU DISTRICT. 8. THE NARAYANAPURAM GRAMA PANCHAYAT, REP BY ITS SECRETARY, NARAYANAPURAM VILLAGE, UNGUTURU MANDAL,ELURU 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 of Mandamus or any other appropriate Write Direction declaring the action of the Respondents in withholding of Rs.7,00,686/-, out of total in three payments in final bill, even afterbills Rs. 21,73,549,/- finalizing the bills, payable to the Petitioner in relation to the Project name is Land Development Project in Community Lands IN on the name of work Development of housing Colony under EGS Scheme of Narayanapuram village of Unguturu Mandal of Eluru District , as Leveling road in three works ID. No. 70580,70581 70594 are designed by with proceedings of under EGS SCHEME APPROVED dt 11-03-2020 is questioned as illegal and arbitrary. IA 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 to consider the payment of withholding of Rs.7,00,686/-, out of total bills Rs. 21,73,549,/- in three payments in final bill - with interest of 12% per annum as per the orders of the Hon'ble Division Bench, for the delayed amount to the Petitioner in respect of execution of above mentioned work forthwith, and pass s Counsel for the Petitioner: 1. KALLA TULASI DURGAMBA Counsel for the Respondent(S): 1. KALYAN CHAKRAVARTHY R 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. GP FOR FINANCE PLANNING The Court made the following: 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6987 of 2025 ORDER: 1. The petitioner had been awarded the contract of work(s) under the subject scheme in Eluru District. After execution of the said contract, a final bill was prepared for a sum of Rs.21,73,549/- as per the sanctioned orders. Out of the said amount an amount of Rs.7,00,686/- was withhold by the respondents. As the balance payment 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 the aforesaid sum of money, balance payment is not 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, learned Government Pleader for Panchayath Raj placed on record written instructions submitted by the General Manager (Admin) APSHCL, Vijayawada, dated 14.07.2025, wherein it is stated as follows: In this regard, vide this office letter No.11/67/2024 – Engineering SEC/ MGNREGS, dated 27.06.2025 the Special Chief Secretary, Housing Department was requested that in respect of MGNREGS works done in the housing layouts, the allocation of budget to the Housing Department may be exempted and budget may be released to the PR & RD department with respect to the W.P.No.6987 of 2025 for an amount of Rs.21,73,549/-. 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.7,00,686/- 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, in view of the judgment of the Hon’ble Division Bench of this Court in Writ Appeal 5 No.724 of 2021 and batch dated 12.10.2023, 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 any payable by the respondents, in an appropriate forum. There shall be no order as to costs. 7. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 1155..0077..22002255 ssjj 6 141 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:6987 of 2025 1155..0077..22002255 ssjj ....