Date of reserved for orders : - - - Date of pronouncement : 06.07.2026 Date of uploading : 16.07.2026 APHC010262232026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] MONDAY, THE 6th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE K SREENIVASA REDDY WRIT PETITION NO: 14014/2026 Between: 1. SAMYA ANJINEYULU NAYAK, S/O BHEEMALA NAYAK, D.NO.2-86, N.N.C THANDA, NAGINAYANICHERUVU, ANANTAPUR, ANDHRA PRADESH- 5151122. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 522237 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 522237. 3. THE COMMISSIONER PANCHAYARAJ DEPARTMENT, STATE OF ANDHRA PRADESH, NH 16 SERVICE RD, TADEPALLE, ANDHRA PRADESH-522501 4. CHEF ENGINEERING OF PANCHAYAT RAJ DEPARTMENT, PUNAM ATHIRA, LABBIPET, NTR DISTRICT VIJAYAWADA, ANDHRA PRADESH 520002. 5. THE DISTRICT COLLECTOR OF SRI SATYA SAL DISTRICT, SRI SATYA SAI DISTRICT, ANDHRA PRADESH. 515134 6. THE SUPERINTENDING ENGINEER, RURAL WATER SUPPLY AND SANITATION (RWS AND S) DEPARTMENT, SRI SATHYA SAL DISTRICT.515134 7. THE DEPUTY EXECUTIVE ENGINEER, RWS AND S SUB-DIVISION, PENUKONDA, SRI SATHYA SAL DISTRICT. 515134 8. THE ASSISTANT ENGINEER, RWS AND S, SOMANDEPALLI MANDAL, SRI SATHYA SAI DISTRICT. 515134 9. THE GRAM PANCHAYAT, NAGINAYANI CHERUVU, REP. BY ITS SECRETARY, SOMANDEPALLI MANDAL, SRI SATHYA SAI DISTRICT 515134 ...RESPONDENT(S): SRK, J W.P.No.14014 of 2026 2 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 a Writ of Mandamus, declaring the action, acts and deeds of the Respondents in not releasing and paying the admitted bill amount of Rs.3,90,500/- (Rupees Three Lakhs Ninety Thousand and Five Hundred only) payable to the Petitioner in respect of the works executed by him, namely providing new pump set and other accessories to the Protected Water Supply (PWS) Scheme and laying of new pipeline at Bussaiahgaripalli, H/o.Naginayanicheruvu Grama Panchayat, Somandepalli Mandal, along with restoration of the defunct PWS schemes, removal of silt and sludge from drains, replacement of 4.00 sq. mm cable wire, and painting to the cistern tanks and Ground Level Service Reservoir (GLSR) at Naginayanicheruvu Grama Panchayat, despite the said works having been duly approved under Resolution Nos.113, 114, 130, 134, 135, 136, 137, 138 and 139 and recorded in the relevant Measurement Books, as illegal, irregular, arbitrary, unconstitutional and violative of the principles of natural justice and Articles 14 and 21 of the Constitution of India, and consequently direct the Respondents to pay the total bill amount of Rs.3,90,500/- together with interest at 12 percent per annum for the works carried out by the Petitioner, and pass 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 to issue an appropriate Writ, Order or Direction, more particularly one in the nature of a Writ of Mandamus, declaring the action, acts and deeds of the Respondents in not releasing and paying the admitted bill amount of Rs.3,90,500/- (Rupees Three Lakhs Ninety Thousand and Five Hundred only) payable to the Petitioner in respect of the works executed by him, namely providing new pump set and other accessories to the Protected Water Supply (PWS) Scheme and laying of new pipeline at Bussaiahgaripalli, H/o.Naginayanicheruvu Grama Panchayat, Somandepalli Mandal, along with restoration of the defunct PWS schemes, removal of silt and sludge from drains, replacement of 4.00 sq. mm cable wire, and painting to the cistern tanks and Ground Level Service Reservoir (GLSR) at Naginayanicheruvu Grama Panchayat, despite the said works having been duly approved under Resolution Nos. 113, 114, 130, 134, 135, 136, 137, 138 and 139 and recorded in the relevant Measurement Books, as illegal, irregular, arbitrary, unconstitutional and violative of SRK, J W.P.No.14014 of 2026 3 the principles of natural justice and Articles 14 and 21 of the Constitution of India, and consequently direct the Respondents to pay the total bill amount of Rs.3,90,500/- together with interest at 12 pecent per annum for the works carried out by the Petitioner, and pass Counsel for the Petitioner: 1. MALAVATHU CHINNABADHYA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR FINANCE PLANNING The Court made the following: SRK, J W.P.No.14014 of 2026 4 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, acts and deeds of the respondents in not releasing and paying the admitted bill amount of Rs.3,90,500/- payable to the petitioner in respect of the works executed by him, namely providing new pump set and other accessories to the Protected Water Supply (PWS) Scheme and laying of new pipeline at Bussaiahgaripalli, H/o.Naginayanicheruvu Grama Panchayat, Somandepalli Mandal along with restoration of the defunct PWS Schemes, removal of silt and sludge from drains, replacement of 4.00 sq. mm cable wire, and painting to the cistern tanks and Ground Level Service Reservoir (GLSR) at Naginayanicheruvu Gram Panchayat, despite the said works having been duly approved under Resolution Nos.113, 114, 130, 134, 135, 136, 137, 138 and 139 and recorded in the relevant Measurement Books, as illegal, irregular, arbitrary, unconstitutional and violative of the principles of natural justice and Articles 14 and 21 of the Constitution of India, and consequently, direct the respondents to pay the total bill amount of Rs.3,90,500/- together with interest at 12% per annum for the works carried out by the petitioner 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 to 8, learned Assistant Government Pleader for Finance and Planning, representing respondent No.2, and learned Standing Counsel for Gram Panchayat, representing respondent No.9. SRK, J W.P.No.14014 of 2026 5 3. The Writ Petitioner claims to be a Civil Contractor. Pursuant to the resolution passed by the Naginayani Cheruvu Gram Panchayat, acknowledging, approving the execution of works viz. providing new pump set and other accessories to the Protected Water Supply (PWS) Scheme and laying of new pipeline at Bussaiahgaripalli, H/o.Naginayanicheruvu Grama Panchayat, Somandepalli Mandal along with restoration of the defunct PWS Schemes, removal of silt and sludge from drains, replacement of 4.00 sq. mm cable wire, and painting to the cistern tanks and Ground Level Service Reservoir (GLSR) at Naginayanicheruvu Gram Panchayat, they were awarded to the Writ Petitioner. The Writ Petitioner executed the entire work within time. The respondent authorities inspected the works and recorded the measurements in Measurement Book viz. M.B.No.400/AZPP/2014- 2015 and M.B.No.55/BZPP/2011-12. Though the assigned work was completed by the Writ Petitioner, an amount of Rs.3,90,500/- was kept pending by the respondent authorities. Even the Writ Petitioner approached the respondent authorities on multiple occasions, requesting for payment of pending bill amount of Rs.3,90,500/-, they are not doing so. According to Writ Petitioner, having 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 SRK, J W.P.No.14014 of 2026 6 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 vs. Government of Andhra Pradesh, rep. by its Principal Secretary to Government and others1 and batch in which the writ petitions are allowed with the following directions: 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 computed 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 passed an interim order, dated 18.11.2021 as extracted hereunder: 1 2021 SCC OnLine AP 3084. SRK, J W.P.No.14014 of 2026 7 “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. 1388361/ 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. On a query of the Court, learned Advocate 6 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 petitioners, 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, and 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.” SRK, J W.P.No.14014 of 2026 8 7. The counsel appearing for the Writ Petitioner and respondents have consented to dispose of, the Writ Petition by following the Order, dated 24.11.2021, passed by a Division Bench of this Court in Writ Appeal Nos.740 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.1388361/RD.II/A1/2020, dated 12.05.2021. 9. The learned Government Pleader for Panchayat 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. Learned Assistant Government Pleader for Panchayat Raj and Rural Development, on instructions, submits that there is no dispute with regard to the execution of the work. She further submits that in respect of the work bill concerned, they were already submitted to the Gram Panchayat, Naginayani Cheruvu for making payment and SRK, J W.P.No.14014 of 2026 9 due to budget issues, the bills were not passed and prays time. The instructions are recorded. 12. Learned counsel representing the learned Standing Counsel for Gram Panchayat, representing respondent No.9, concedes with the submission made by the learned Assistant Government Pleader for Panchayat Raj and Rural Development. She submits that the payment under 15th Finance Commission is entirely depended upon the release of funds by the competent Government authorities, and the amounts due to the Writ Petitioner will be released in accordance with the availability of funds and the financial position of the Gram Panchayat and thereby, she prays time for clear the pending bill amount. The instructions are recorded. 13. Having regard to the fact that there is no dispute with regard to the works executed by the Writ Petitioner and the amount payable to him, and in view of the submissions of the learned counsel representing the learned Standing Counsel for Gram Panchayat, the respondent authorities are directed to pay an amount of Rs.3,90,500/- (Rupees Three Lakhs Ninety Thousand and Five Hundred Only) to the Writ Petitioner within a period of Four (4) weeks from the date of receipt of a copy of this order. SRK, J W.P.No.14014 of 2026 10 14. Accordingly, the Writ Petition is disposed of. 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 6th July, 2026. DNB Whether the Order is: Speaking ✓ Reasoned Reportable Non-reportable ✓