Date of reserved for orders : - - - Date of pronouncement : 08.07.2026 Date of uploading : 15.07.2026 APHC010178092026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] WEDNESDAY, THE 8th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 15809/2026 Between: 1. PIPALA SAIBABA, S/O VENKATESWARLU, AGED ABOUT 38 YEARS, RIO D.NO. 1-6B, AYYANNAPALEM, BOLLAPALLI MANDALAM, MARRIPALEM, GUNTUR DISTRICT. ...PETITIONER A N D 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 522237 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETERIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT, A.P.522237 3. THE DISTRICT COLLECTOR, DISTRICT COLLECTOR OFFICE, PALNADU DISTRICT, A.P 522601 4. THE DISTRICT PANCHAYAT OFFICER, PALNADU DISTRICT, A.P. 522601 5. THE AYYANNAPALEM GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, AYYANNAPALEM VILLAGE, BOLLAPALLI MANDAL, PALNADU DISTRICT, A.P. 522612 ...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 to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in withholding the payment of amount Rs. 81,302/- even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Constructions of RCC Pipe diverts at Potlapalli Lakshmma House, Sai baba Temple and Yamparala Parvathi House in Ayyannapalem village, Bollapalli Mandal, SRK, J W.P.No.15809 of 2026 2 Palnadu District, A.P, is waiting for fund clearance with respondents I to 5 as illegal, arbitrary and violative of Article 14 and 21 of the Constitution of India and consequently direct the respondents to forthwith consider for payment of the cumulative total the action of the Respondents in withholding the payment of amount Rs.81,302/- even after finalizing the bills, payable to the petitioner in relation to the works i.e.. Constructions of RCC Pipe diverts at Potlapalli Lakshmma House, Sai baba Temple and Yamparala Parvathi House in Ayyannapalem village, Bollapalli Mandal, Palnadu District, A.P, is waiting for fund clearance with respondents I to 5 as illegal, arbitrary and violative of Article 14 and 21 of the Constitution of India and consequently direct the respondents to forthwith consider for payment of the cumulative total amounts of Rs.81,302/- with interest at the rate of 12percent per annum for the delayed amount to the petitioner in respect of execution of above- mentioned works forthwith in terms of Agreement for Constructions of RCC Pipe diverts at Potlapalli Lakshmma House, Sai baba Temple and Yamparala Parvathi House in Ayyannapalem village, Bollapalli Mandal, Palnadu District, A.P, and pass such IA NO: 1 OF 2026 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 May be pleased to direct the respondents to forthwith consider for payment of the cumulative total amounts of Rs. 81,302/- with interest at the rate of 12percent per annum for the delayed amount to the petitioner in respect of execution of above-mentioned works forthwith in terms of Agreement for Constructions of RCC Pipe diverts at Potlapalli Lakshmma House, Sai baba Temple and Yamparala Parvathi House in Ayyannapalem village, Bollapalli Mandal, Palnadu District, A.P and pass such Counsel for the Petitioner: 1. DASARI RAMAKOTESWAR RAO Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats 3. GP FOR FINANCE PLANNING The Court made the following: SRK, J W.P.No.15809 of 2026 3 O R D E R This Writ Petition is filed seeking the following relief: “….to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in withholding the payment of amount Rs.81,302/- even after finalizing the bills, payable to the petitioner in relation to the works i.e. “Constructions of RCC Pipe diverts at Potlapalli Lakshmma House, Sai Baba Temple and Yamparala Parvathi House in Ayyannapalem village, Bollapalli Mandal, Palnadu District, Andhra Pradesh”, is waiting for fund clearance with respondents 1 to 5 as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and consequently, direct the respondents to forthwith consider for payment of the cumulative total amounts of Rs.81,302/- with interest @ 12% per annum for the delayed amount to the petitioner in respect of execution of above- mentioned works forthwith in terms of Agreement for “Constructions of RCC Pipe diverts at Potlapalli Lakshmma House, Sai Baba Temple and Yamparala Parvathi House in Ayyannapalem village, Bollapalli Mandal, Palnadu District, Andhra Pradesh”, and pass such other order or orders…” 2. Heard learned counsel for the Writ Petitioner, learned Assistant Government Pleader for Panchayat Raj and Rural Development representing respondent Nos.1, 3 and 4, and learned Assistant Government Pleader for Finance and Planning, representing respondent No.2, and learned Standing Counsel for Gram Panchayat, representing respondent No.5. 3. The Writ Petitioner claims to be a Civil Contractor, executing the civil works awarded by the Government. The Writ SRK, J W.P.No.15809 of 2026 4 Petitioner was awarded contract work of construction of RCC Pipe diverts at Potlapalli Lakshmma House, Sai Baba Temple and Yamparala Parvathi House in Ayyannapalem village, Bollapalli Mandal, Palnadu District, Andhra Pradesh. The Writ Petitioner executed the entire work and the same was acknowledged by 5th respondent. The respondents are due for an amount of Rs.81,302/- to the Writ Petitioner for the works done by him. Though the Writ Petitioner approached the respondent authorities on multiple occasions, requesting for payment of pending bill amount of Rs.81,302/-, they are not doing so. According to Writ Petitioner, though he executed the work satisfactorily, within the prescribed time, non-payment of the bill amount was arbitrary and unjustified. It was further contended that the delay in payment is causing severe financial hardship, necessitating the filing of the present Writ Petition seeking appropriate directions for release of the outstanding amount. 4. The issue raised in the present Writ Petition is squarely covered by the Order of this Court in Rayapureddy Srinivasa Rao and others v. Government of Andhra Pradesh, rep. by its Principal Secretary to Government and others and others1 and batch in which the Writ Petitions are allowed with the following directions: 1 2021 SCC Online AP 3084. SRK, J W.P.No.15809 of 2026 5 (i) The Memo No.1263069/RD.II/A1/2020, dated 05.11.2020 and the Memo No.1388361/RD.II/A1/2020, dated 12.05.2021 issued by the Respondent NO.1 are set aside to the extent of deduction of 21.02% for DCC works and 6.333% for MCC works while making payment to the petitioner. (ii) The respondents are directed to clear the bills submitted by the petitioner and to release payment forthwith, in case no payment is made till date. (iii) In case, any part payment is made as on date, the remaining amount shall be paid to the petitioner forthwith. (iv) The respondents shall pay interest @ 12% per annum within a period of four (4) weeks from the date of receipt of a copy of this order. (v) The interest shall be compound from the date of expiry of one month from the date of submission of the bill by the petitioner to till the date of final payment. 5. Against the above said order, several Writ Appeals are filed and in one of the Writ Appeals (i.e.) Writ Appeal No.724 of 2021, a Division Bench of this Court has passed an interim Order, dated 18.11.2021 as extracted hereunder: “The direction of the learned Single Judge regarding payment of interest to the respondent No.1 as also setting aside the provision in Memo No.1263069/RD.II/A1/2020, dated 05.11.2020 and the Memo No.138861/RD.II/A1/2020, dated 12.05.2021 relating to deduction of 21.02% for DCC works and 6.333% for MCC works, while making payment, shall remained stayed. SRK, J W.P.No.15809 of 2026 6 On a query of the Court, learned Advocate General submitted that the direction of the learned Single Judge as far as payment of the principal amount of the bills raised by the original writ petitioner, in terms of the order of the Division Bench in Krishna District Grama Panchayathi Sarpanchla Sangam (supra), shall be made within four weeks, if already not done. The matter be listed for hearing in due course. It is clarified that the appellants shall comply with the rest of the directions issued by the learned Single Judge in the judgment under appeal.” 6. Subsequently, a Division Bench of this Court headed by the Hon’ble The Chief Justice while hearing the Writ Appeal Nos.740 and 741 of 2021, having considered the Order passed in Writ Appeal No.724 of 2021, passed the following Order: “Considering the facts and circumstances of the case and having regard to the interim order passed by the Coordinate Bench, we direct that the said interim order shall apply for the present Writ Appeals also, however, with a condition that the appellants shall pay the principal amount of the bill raised by the original Writ Petitioners, within a period of four weeks, failing which the present interim order shall stand vacated without reference to the bench.” 7. The respective counsels appearing for the petitioner and the respondents have consented to dispose of, the Writ Petition by SRK, J W.P.No.15809 of 2026 7 following the Order, dated 24.11.2021, passed by a Division Bench of this Court in Writ Appeal Nos.740 of 2021 and 741 of 2021. 8. The learned counsel for the Writ Petitioner requested the Court to clarify the applicability of the Memo No.1263069/RD.II/A1/ 2020, dated 05.11.2020 and the Memo No.138861/RD.II/A1/2020, dated 12.05.2021. 9. The learned Assistant Government Pleader for Panchayat Raj submitted that the said Memos are issued for the works executed under ‘Mahatma Gandhi National Rural Employment Guarantee Scheme’. 10. It is made clear that the Memo No.1263069/RD.II/A1/2020, dated 05.11.2020 and the Memo No.1388361/RD.II/A1/2020, dated 12.05.2021 are applicable to the works executed under ‘Mahatma Gandhi National Rural Employment Guarantee Scheme’ only. 11. Accordingly, the Writ Petition is disposed of, with a direction to the respondents to pay the principal amount of the bills raised by the Writ Petitioner within a period of Six (06) weeks from the date of receipt of copy of this order. If the respondents fail to pay the amount within the stipulated time, the Writ Petitioner is entitled for interest @ 12% per annum. SRK, J W.P.No.15809 of 2026 8 There shall be no order as to costs of the Writ Petition. As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition, shall stand closed. JUSTICE K. SREENIVASA REDDY 8th July, 2026. DNB Whether the Order is: Speaking ✓ Reasoned Reportable Non-reportable ✓