APHC010492292023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE 23rd DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 25438 OF 2023 Between: 1. MERUGU VENKATA REDDY, S/o. Ramakoti Reddy, age 49 years, Occ . Grade I, Contractor, R/o Cheruvukommupalem village, Nandigama Mandal, NTR District ...Petitioner AND 1. THE STATE OF AP, Rep. by its Principal Secretary, Minority welfare Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Finance and Planning Department, Secretariat, Velagapudi, Amaravathi, Guntur District. 3. The District Collector Finance and Planning Department, Krishna, Machilipatnam 4. AP Education and Welfare Infrastructure Development Corporation, Vijayawada, NTR District Rep. by its Managing Director 5. The Chief Engineer, AP Education and Welfare Infrastructure Development Corporation, Vijayawada, NTR District 6. The Executive Engineer, AP Education and Welfare Infrastructure Development Corporation, Machilipatnam, Krishna District 2 7. Deputy Executive Engineer, AP Education and Welfare Infrastructure Development Corporation, Vijayawada, NTR District 8. District Minority Welfare Officer, Vijayawada, NTR District ...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 topleased to issue a writ order or direction more particularly one in the nature of writ of MANDAMUS declaring the action of the respondents in not releasing the payment for the works done by the petitioner for construction of compound wall to the burial ground at Bhimavaram village, Vatsavai Mandal, NTR District to the tune of Rs.4,94,787/ - (Rupees Four Lakhs Ninety Four Thousand and Seven Hundred and Eighty Seven) as bad, illegal, arbitrary and violative of Articles 14, 19(1)(g), 21and 300-A of the Constitution of India and consequently direct the respondents to forthwith release the payments due to the petitioner the tune of Rs.4,94,787/- (Rupees Four Lakhs Ninety Four Thousand and Seven Hundred and Eighty Seven) along with interest and pass IA NO: 1 OF 2023 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 forthwith release the payments due to the petitioner to the tune of Rs.4,94,787/- (Rupees Four Lakhs Ninety Four Thousand and Seven Hundred and Eighty Seven) for the works done by the petitioner i.e. construction of compound wall to the burial ground at Bhimavaram village, Vatsavai Mandal, NTR District and pass Counsel for the Petitioner: D V SASIDHAR 3 Counsel for the Respondents: GP FOR FINANCE PLANNING Counsel for the Respondents:GVS KISHORE KUMAR Counsel for the Respondents:GP FOR SOCIAL WELFARE The Court made the following order: 4 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 25438 OF 2023 ORDER: 1. The petitioner had been awarded the contract of work(s) under the subject scheme in Krishna District. After execution of the said contract, a final bill was prepared 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 the net amount of Rs.3,88,341/- (after statutory deductions from the gross amount of Rs.4,94,787/-), 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 Standing Counsel has placed on record the written instructions dated 05.10.2023 issued by respondent No.6, wherein it is stated that the gross amount is Rs.4,94,787/-, statutory deductions is Rs.1,06,446/- and after the statutory deductions the net amount to be payable 5 to the petitioner is Rs.3,88,341/-. It is further stated that bills submitted to the Chief Planning Officer, Krishna, Machilipatnam for release of payment to the contractor through PD Account of Minority Welfare Department 5. In view of the aforesaid directions of this Court in various cases and after hearing the submissions of learned counsel for the petitioner and the learned Standing Counsel for the respondents, this Writ Petition is disposed of, with a direction to the respondents to release the net amount of Rs.3,88,341/- to the petitioner, within a period of two(2) months. No order as to costs. 6. In fact there is no admission by the Respondents either in their Written Instructions regarding the payment of interest component or by oral submissions made by the Government Pleader/Standing Counsel for Respondents. Much less, the interest component as claimed by the petitioner was neither admitted nor approved at their final bills of the respondents. Hence, in the absence of any such admission, this Court is not inclined to grant any specific amount as it admitted under the head of interest. However, the Petitioner is entitled for interest component as per the terms of Agreement if permits and also in the case of delayed payments, as per the ratio laid down by the Division Bench of this Court in W.A.No.724 of 2021. Therefore, the respondents are hereby directed to pay the net amount, within a period of two (2) months from the date of receipt of copy of this order. As far as interest is concerned, if both parties have agreed regarding the quantum of amount towards interest, the same should be paid along with admitted amount, if not, 6 petitioner is at liberty to submit a representation or a Memo of Statement requesting for payment of interest. If petitioner is entitled for the same, after such submission of representation or Memo, the concerned respondent authorities shall consider and pass appropriate orders after providing opportunity of hearing to both parties in case of rejection or reduction of interest amount claimed by the petitioner, within a period of four (04) weeks, thereafter. 7. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J Dated:23.09.2026 TPS 7 67 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 25438 OF 2023 Dated:23.09.2026 TPS