V Sridhar Reddy Vs the State of Andhra Pradesh

The District Collector and District Magistrate, Ongole, Prakasam Dist. 4. The Superintending Engineer, Rural Water Supply & Sanitation Dept., Santhapet, Ongole, Prakasam Dist.

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The Deputy Executive Engineer, Rural Water Supply & Sanitation Dept., Singarayakonda, Prakasam Dist.

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The Asst Executive Engineer, Rural Water Supply & Sanitation Dept., Marripudi Mandal, Prakasam Dist.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may

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<1

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be pleased to issue a writ of mandamus or any appropriate^{orderordirection} to respondents to upload the Bills in NIDHI/APCFSS portal as per the approved M-Book for release of payment of Rs.4,22,142/-for Civil contract work executed by the petitioner/ Nominees Works Committee ( under GGMP(2022-23) Grant for construction of side drains from Chilakala Nageswara rao to Manda Tirupalu house in SC colony Kuchipudi GP in Marripudi Mandal, Prakasam Dist. to the Estimate Cost of Rs.5-00 Lakhs which are delayed for last 1 year is illegal arbitrary improper and without any power or authority under law and against to the Art. 14,16 and 21 of the Constitution of India. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed praying that^{inthecircumstances} stated in the affidavit filed in support of the petition, the High Court may be pleased to direct to respondents to release the payment of Rs.44,22,142/-by uploading bills in NIDHI/APCFSS portal as per the approved^{M-BookforCivil} contract work executed by the petitioner/ Nominees Works Committee ( under GGMP(2022-23) Grant for construction of side drains from Chilakala Nageswara rao to Manda Tirupalu house in SC colony Kuchipudi GP in Marripudi Mandal.Prakasam Dist. to the Estimate Cost of Rs. 5.00 Lakhs pending disposal of the above writ petition.

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Counsel for the Petitioner: SRI GUNDALA SIVA PRASADA REDDY Counsel for the Respondent Nos.1, 3 to 6: GP FOR PANCHAYAT RAJ

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AND RURAL DEVELOPMENT

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

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The Court made the following order:

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APHC010078812025

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AT AMARAVATI [3329] (Special Original Jurisdiction)

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IN THE HIGH COURT OF ANDHRA PRADESH

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MONDAY,THE FOURTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 4393/2025

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Between:

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1.V SRIDHAR REDDY, C/0 NOMINEE WORKS COMMITTEE, AGE 40YRS,OCC CIVIL CONTRATOR, KUCHIPUDl VILLAGE,MARRIPUDI MANDAL,PRAKASAM DIST. ...PETITIONER

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AND

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1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVT,PR,RD AND RWS DEPARTMENT.APSECRETARIAT .VELAGAPUDl.GUNTUR DIST

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2.THE STATE OF ANDHRA PRADESH, ,REP BY ITS PRINCIPAL SECRETARY,FINANCE DEPARTMENT,AP SECRETARIAT VELAGAPUDI,GUNTUR DIST.

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3.THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, ONGOLE,PRAKASAM DIST.

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4.THE SUPERINTENDING ENGINEER, RURAL WATER SUPPLY AND SANITATION DEPT, SANTHAPET, ONGOLE,PRAKASAM DIST.

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5.THE DEPUTY EXECUTIVE ENGINEER, RURAL WATER SUPPLY AND SANITATION DEPT, SINGARAYAKONDA, PRAKASAM DIST.

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6.THE ASST EXECUTIVE ENGINEER, RURAL WATER SUPPLY AND SANITATION DEPT, MARRIPUDI MAN DAL, PRAKASAM DIST.

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...RESPONDENT(S):

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Petition under Article 226 of the Constitution of India^{prayingthatinthe} circumstances stated in the affidavit filed therewith,^{theHighCourtmaybe} pleased tomay be pleased to issue a writ of mandamus^{oranyappropriate} order or direction to respondents to upload the Bills^{inNIDHl/APCFSSportal} as per the approved M-Book for release of payment of^{Rs.4,22,142/-for} Civil contract work executed by the petitioner/ Nominees^{WorksCommittee} ( under drains from Chilakala GGMP(2022-23) Grant for construction of side Nageswara rao to Manda Tirupalu house in SC colony^KuchipudiGP in Marripudi Mandal.Prakasam Dist.to the Estimate Cost. Of Rs.5-00Lakhs which are delayed for last 1 year is illegal arbitrary^{improperandwithoutany} power or authority under law and against to the Art.^14,16and21 of the Constitution of India and to pass such lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the petition,^{theHighCourtmaybepleased} be pleased to direct to respondents to release the^{paymentofRs.44,22,142/-} by uploading bills in NIDHl/APCFSS portal as per the^{approvedM-Bookfor} Civil contract work executed by the petitioner/ Nominees^{WorksCommittee} ( under GGMP(2022-23) Grant for construction of side^{drainsfromChilakala} Nageswara rao to Manda Tirupalu house in SC colony^KuchipudiGP in Marripudi Mandal.Prakasam Dist.to the Estimate Cost.^Of Rs. 5.00 Lakhs pending disposal of the above writ petition and to^passsuch

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Counsel for the Petitioner:

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1.GUNDALA SIVA PRASADA REDDY

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Counsel for the Respondent(S):

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1.GP FOR PANCHAYAT RAJ RURAL DEV

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2.GP FOR FINANCE PLANNING

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The Court made the following:

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 4393 OF 2025

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ORDER:

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awarded the contract of work(s) under the 1. The petitioner had been Prakasam District. After execution of the said contract, a subject scheme in sum of Rs.4,22,142/- as per the sanctioned final bill was prepared for a of the said amount has not been made by the orders. As the payment respondents, the petitioner has approached this Court^{bywayofthiswrit} 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^{oftheaforesaidsumof} money, no payment is being made. The petitioner contends that such nonis clearly arbitrary and high-handed requiring the payment of money 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^{andthatsuchdues} 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 dated 14.07.2025 submitted by the Executive Engineer, RWS&S Division, Ongole, wherein, it is stated that^{sincethebudgetwasnot} released by the Government, the bills were not paid^{tothepetitioner.Soon}

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• - m

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after release of the budget by the Government the bills will be paid to the petitioner.

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In view of the facts and ci 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.4,22,142/- to the petitioner.

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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 component in the agreement, the respondents are directed to release the amount along with the interest @ 6% per annum on delayed payment,, i n view of the judgment of the Hon’ble Division Bench of this Court in Writ Appeal No.724 of 2021 and batch dated 12.10.2023 if not paid, 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.

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Consequently, Miscellaneous Petitions if any, pending in this Writ Petition shall stand closed.

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Sd/- B. CHITTI JOSEPH ASSISTANT REGISTRAR

//TRUE COPY//

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