Juvva Sivaram Prasad Vs the State of Andhra Pradesh

The State Of Andhra Pradesh, Represented by its Principal Secretary, Panchayat Raj and Rural Development, A.P Secretariat buildings, Velagapudi, Guntur District.

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The State of Andhra Pradesh, Represented by its Principal Secretary Department of Finance and Planning, A.P Secretariat buildings Velagapudi, Guntur District.

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The District Collector, Bapatia, Bapatia District.

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The Executive Engineer, Panchyathi Raj Departnient, P R I plus PIU Division , Bapatia, Bapatia District.

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The Dy Executive Engineer, PRI Sub Divison Parchuru Baptia district

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...Respondents

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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 a writ or direction more particularly^{oneinthenatureofWrit} of Mandamus declaring the action of the respondents in not paying the

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A

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admitted*^ue amount of Rs. 3,78,019/-(Three Lakh Seventy^{EightThousand} Ninetefn|Rupees Only) to petitioner herein in relation^{toTwocontractWorks} executpasfbr 4th respondent by the petitioner herein, under agreement and Bearing Nos /2023-24, Dt. 15-06-2023 and /2023-24, Dt. 14-06-2023, despite lapse of more than one years, even after finalizing the bills, as illegal, arbitrary, unconstitutional and consequently direct the respondents herein to immediately pay the admitted due amount of 3,78,019/-(Three Lakh Seventy Eight Thousand Nineteen)to petitioner herein in relation^{toTwoContractWork} executed for 4th respondent by the petitioner herein, under agreement Bearing No/2023-24, Dt. 15-06-2023 and /2023-24, Dt.^14-06-2023.

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lA NO: 1 OF 2024

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Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents herein to release the due amount of Rs. 3,78,019/(Three Lakh Seventy Eight Thousand Nineteen) payable to the petitioner in relation to two works executed for 4th respondent under agreements Bearing No’s. /2023-24, Dt. 15-06-2023 and /2023-24, Dt. 14-06-2023 executed by the petitioner herein within a stipulated time frame.

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Counsel for the Petitioner: SRI KODE RAMESH BABU

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Counsel for the Respondent Nos.1,4,5 : GP FOR PANCHAYAT^RAJ RURAL DEV

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Counsel for the Respondent No.2: GP FOR FINANCE PLANNING

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Counsel for the Respondent No.3: GP FOR REVENUE

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The Court made the following order:

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APHCai0252082024

IN THE HIGH COURT OF ANDHRA PRADESH

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AT AMARAVATI (Special Original Jurisdiction)

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[3329]

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THURSDAY,THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 13231/2024

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Between:

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1.JUWA SIVARAM PRASAD, S/O ANJANEYULU , AGED ABOUT 46 YEARS, R/0 2-138, CHINNA BAZAR, KUNKALAMARRU, PRAKASAM DISTRICT ANDHRA PRADESH

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...PETITIONER

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AND

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1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY PANCHAYAT RAJ AND RURAL DEVELOPMENT, A.P SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT.

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2.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, A.P SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT.

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3.THE DISTRICT COLLECTOR, BAPATIA, BAPATIA DISTRICT.

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4.THE EXECUTIVE ENGINEER, PANCHYATHI RAJ DEPARTNIENT, P R I PLUS PIU DIVISION BAPATIA, BAPATIA DISTRICT.

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5.THE DY EXECUTIVE ENGINEER, PRI SUB DIVISON

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A

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PARCHURU BAPTLA DISTRICT

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...RESPONDENT(S):

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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 or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not paying the admitted due amount of Rs. 3,78,019/-(Three Lakh Seventy Eight Thousand Nineteen Rupees Only) to petitioner herein in relation to Two contract Works executed for 4th respondent by the petitioner herein, under agreement and Bearing Nos /2023-24 Dt. 15-06-2023 and /2023-24, Dt. 14-06-2023, despite lapse of more than one years, even after finalizing the bills, as illegal, arbitrary. unconstitutional and consequently direct the respondents herein to immediately pay the admitted due amount of 3,78,019/-(Three Lakh Seventy Eight Thousand Nineteen)to petitioner herein in relation to Two Contract Work executed for 4th respondent by the petitioner herein, under agreement Bearing No /2023-24, Dt. 15-06-2023 and /2023-24 Dt. 14-06-2023.

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Counsel for the Petitioner:

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1.KODE RAMESH BABU

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Counsel for the Respondent(S):

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1.GP FOR REVENUE

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2.GP FOR PANCHAYAT RAJ RURAL DEV

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3.GP FOR FINANCE PLANNING

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 13231/2024-

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This Court made the following

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ORDER:

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The petitioner had been awarded the contract of work(s) under the subject scheme in Prakasam District. After^execution of the said contract, a final bill was prepared for^asum of Rs.3,78,019/- 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.

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It is the contention of the petitioner that even though^the respondents admitted that the petitioner is entitled for payment of Rs.3,78,019/- 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.

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This Court, in various orders, including the judgment^ofa 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

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non-payment of dues is arbitrary and that such dues need^to be cleared by the respondents at the earliest.

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On the other hand, learned Government Pleader placed^on record written instructions submitted by the Executive Engineer, PR Division, Bapatia, dated 10.04.2025, wherein, it is admitted that the value of the work done is Rs.4,27,885/-, out of which Rs.2,61,110/- has been paid to the petitioner and remaining amount of Rs.1,66,775/- is to be payable to the petitioner. It is further stated that uploading of bills to the PAO is under progress. Soon after the bills were uploaded, the bill amount entitled by the petitioner will be paid to the petitioner.

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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^{adirectiontothe} respondents to release the amount of Rs.1,66,775/to the petitioner as admitted by the Respondent No.4 in the written instructions dated 10.04.2025.

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ST:

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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 componentⁱⁿ the agreement, the respondents are directed to release the amount along with the interest @ 6% per annum on delayed payment, in view of the judgment of the Hon’ble Division^Benchof this Court in Writ Appeal No.724 of 2021 and batch dated 12.10.2023 if not paid, within a period of two (02)^{monthsfromthe} 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^{interestanddue} amount, if any payable by the respondents, in an appropriate forum. There shall be no order as to costs.

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Consequently, Miscellaneous Petitions, if any, pending in

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this Writ Petition shall stand closed

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//TRUE COPY//

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To,

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The Principal Secretary, Panchayat Raj and Rural^Development,

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A.P Secretariat buildings, Velagapudi, Guntur District. Department of Finance and Planning, A.P

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1. The Principal Secretary, Secretariat buildings, Velagapudi, Guntur District.

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^7

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The District Collector, Bapatla, Bapatla District. 4. The Executive Engineer,^{PanchyathiRajDepartnient,} P R 1 plus PIU Division , Bapatla, Bapatla District.

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