Sri Dharma Shasta Contractors v. The State of Andhra Pradesh

eejition 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, order or direction more particularly, one in the nature of Writ of Mandamus declaring the action of respondents in not releasing funds amounting to Rs. 39,44,415/- even after successful completion of the worK and after finalizing the bills in connection with (a) Providing Gravel road from R and B Road to Raphurajapuram at G.Singavaram(V) Owk{M) (1) 3076-A (b) Providing Nandyal District having Measurement Book no. Internal CC roads in main village of Eggoni(V) of Sanjamala Mandal in Nandyal District having Measurement Book no. 3184-A (c) Providing Singanapalli(V) of Owk Mandal in Nandyal District having Measurement Book no. 3194-A (d) Providing gravel road from Vemi Reddy Chandrasekhar Reddy fields to Yellareddy fields (Vasanthapuram rastha) at Singanapalli(V) Owk Mandal in Nandyal District having Measurement Book no. 3195-A and (e) Providing construction of Culverts to Erravanka road at Annavaram(V) of Owk(M) in Nandyal District having Measurement Book no. 3210-A dated 18.02.2024 as violative of Articles 14 and 19 of Constitution of India and declare the actions of the Respondents as illegal, arbitrary, improper, unjust and against the Article 21 of Constitution of India and consequently direct the respondents to pay the amounts of Rs. 39,44,415/- with interest @ 24percent per annum for the delayed amount till date of realization. to SRBC (Chanugondia Abhishekam gravfel rasta) lA NO: 1 OF 20?.*; 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 DIRECT the Respondents releasing funds amounting to Rs. 39,44,415/- even after successful^ completion of the work and after finalizing the bills Gravel connection Raghurajapuram at G.Singavaram(V) Owk(M) of Nandyal Providing Road (a) District having R & B Measurement Book no, (1) 3076-A which was sanctioned by way of Progs. RC.No.99/DMF/SEPR/Kurnool/2020 dated 07.12.2020 (b) Providing Internal CC roads in main village of Eggoni(V) of Sanjamala Mandal in Nandyal District having Measurement Book no. 3184-A which wa sanctioned by way of Progs. No. 07PR/DMF/BPL/NDL/2022 dated ,05.2023 (c) Providing gravel road from Abhishekam house to SRBC (Chanugondia rasta) at Singanapalli(V) of Owk Mandal in Nandyal District having Measurement Book no. 3194-A which was sanctioned byway Progs. RC No. 34/BPL/PR/NDL/2023 dated 01.01.2024 (d) Providing gravel road from Vemi Reddy Chandrasekhar Reddy fields to Yellareddy fields (Vasanthapuram rastha) at Singanapalli(V) Owk Mandal in Nandyal District having Measurement Book no. 3195-A which was sanctioned by way of Progs. Rc. No. 34/BPL/GR/PR/NDl_/2023 dated 01.01.2024; and (e) Providing construction of Culverts to Erravanka road at Annavaram(V) of Owk(M) in Nandyal District having Measurement Book no. 3210-A which was sanctioned by way of Progs. Rc No. 251/DMF/PR/BPL/NDL/2024 dated

18.02.2024, pending disposal of the main writ petition. Counsel for the Petitioner: SRI VARUN BYREDDY Counsel for the Respondents No.1, 3 to 5: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondents No.2 & 6: GP FOR MINES AND GEOLOGY The Court made the following order: 1 NV,J W.P.No.5666 of 2025 APHC010084112025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3329] (Special Original Jurisdiction) FRIDAY,THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5666/2025 Between:

1.M/S. SRI DHARMA SHASTA CONTRACTORS,, OFC. AT D. NO. 18- 91, KONDAPETA, BANAGANAPALLE, NANDYALA DISTRICT, ANDHRA PRADESH - 518 124 REP. BY ITS MANAGING PARTNER APPAJU MURALIMOHAN RAO ...PETITIONER AND

1.THE STATE OF ANDHRA PRADESH, DEPARTMENT OF PR AND RD REP BY ITS PRINCIPAL VELAGAPUDI, RWS EFS AND T DEPARTMENT SECRETARY, AMARAVATI, GUNTUR DISTRICT. SECRETARIAT BUILDINGS,

2.THE STATE OF ANDHRA PRADESH, DEPARTMENT OF MINES AND GEOLOGY, REP BY ITS PRINCIPAL SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

3.THE DISTRICT COLLECTOR AND CHAIRMAN, DISTRICT MINERAL NANDYALA, COLLECTORATE, FOUNDATION DISTRICT NANDYALA DISTRICT.

4.THE EXECUTIVE ENGINEER, PR (PIU) DIVISION, NANDYALA, NANDYALA DISTRICT.

5.THE DEPUTY EXECUTIVE ENGINEER, PRI SUB-DIVISION, BANAGANAPALLE, NANDYALA DISTRICT 2 NV,J W.P.No.5666of 2025

6.THE DEPUTY DIRECTOR OF MINES AND GEOLOGY, NANDYALA, NANDYALA DISTRICT ...RESPONDENT(S): B Rs. one in Gravel Road to 39,44,415/- in connection the action of respondents in not after successful with (a) Raghurajapuram at 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 the nature of Writ of Mandamus declaring releasing funds amounting to completion of the work and after finalizing the bills Providing R and G.Singavaram(V) Owk(M) of Nandyal District having Measurement Book (1) 3076-A (b) Providing Internal CC roads in main village of Eggoni(V) of Sanjamala Mandal in Nandyal District having Measurement Book no. 3184-A gravel road from Abhishekam house to SRBC (Chanugondia (c) Providing of Owk Mandal in Nandyal rasta) District having Measurement Book no. 3194-A (d) Providing gravej road from Vemi Reddy Chandrasekhar Reddy fields to Yellareddy fields (Vasanthapuram rastha) at Nandyal District having Measurement Book Singanapalli(V) Owk Mandal in no. 3195-A and (e) Providing construction of Culverts to Erravanka road at Annavaram(V) of Owk(M) in Nandyal District having Measurement Book no. 3210-A dated 18.02.2024 as violative of Articles 14 and 19 of Constitution of India and declare the actions of the arbitrary, improper, unjust and against the Article 21 of Constitution of India and consequently direct the respondents to pay the amounts of Rs. 39,44,415/- with interest @ 24percent per annum for the delayed amount till date realization Respondents as illegal, Singanapalli(V) no. lA NO: 1 OF 2025 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 releasing funds amounting to Rs. 39,44,415/- even after successful completion of the'work and after finalizing the bills with (a) Providing Gravel road from R&B Road to Raghurajapuram at G.Singavaram(V) Owk(M) of Nandyal District having Measurement Book no, (1) 3076-A which was sanctioned by way of Progs. RC No.99/DMF/SEPR/Kurnool/2020 dated 07.12.2020 (b) Providing Internal CC roads in main village of Eggoni{V) of Sanjamala Mandal in Nandyal in connection 3 W.P.No.5666 of 2025 NV,J rasta) 3194-A sanctioned Abhishekam to SRBC (Chanugondia District having Measurement Book no. 3184-A which wa sanctioned by way of No. 07PR/DMF/BPL/NDL/2022 dated ,05.2023 (c) Providing gravel Progs. Singanapalli(V) of Owk Mandal in Nandyal District having Measurement Book no. No. 34/BPL/PR/NDL/2023 dated 01.01.2024 (d) Providing gravel road from Vemi Yellareddy fields (Vasanthapuram Reddy Chandrasekhar Reddy fields to rastha) having Measurement Book no. 3195-A which was sanctioned by way of Progs. Rc. No. Providing construction of Culverts to Erravanka road at Annavaram(V) of Owk(M) in Nandyal District having Measurement Book no. 3210-A which was sanctioned by way of Progs. Rc No. 251/DMF/PR/BPL/NDL/2024 dated pending disposal of the main writ petition; Singanapalli(V) Owk Mandal 34/BPL/GR/PR/NDI_/2023

01.01.2024;

18.02.2024, Nandyal District Progs. (e) RC Counsel for the Petitioner:

1.VARUN BYREDDY Counsel for the Respondent(S):

1.GP FOR PANCHAYAT RAJ RURAL DEV

2.GP FOR MINES AND GEOLOGY Th6 Court made the following: 4 W.P.No.5666 of 2025 NV,J THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMWIAGADDA WRIT PETITION NO: 5666 OF 2025 ORDER:

#1. The petitioner had been awarded the contract of work(s) under the subject scheme in Kurnool District. After execution of the said contract, a final bill was prepared for a sum of Rs.39,44,415/- 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 aforesaid sum of money, 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 Government Pleader placed on record written instructions submitted by the Executive Engineer, PR (PIU) Division Nandyal dated 20.06.2025 stating that, since the budget was not released by the Government, the bills were not paid to the petitioner. Soon after release of the budget by the Government, the bills will be paid to the petitioner. 5 W.P.No.5666 of 2025 ' NV,J

#5. 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 learned counsel for the petitioner, this Writ Petition is disposed of with a direction to the respondents to release the amount of Rs.39,44,415/- to the petitioner.

#6. As far as interest component is concerned, if there iIS any subsisting clause in the agreemeht/work order envisaging payment or non-payment of Interest upon any amount which is due and payable, the same is binding upon the absence of any clause with both the parties. In regard to interest component in the agreement, the respondents are directed to release amount along with the interest @ 6% per annum on delayed payment, in 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, i in an appropriate forum. There shall be no order as to costs. Consequently. Miscellaneous Petitions

#7. Petition shall stand closed. if any, pending in this Writ //TRUE COPY// Sd/- N NAGAMMA ASSISTANT REGISTR;^ SEC OFFICER To, ^ VelanannHi^^^ velagapudi, Amaravati, Guntur District. ^ Department, Pradesh, Department of PR Buildings ^ Secretariat

#2. The Principal Secretary, State of Andhra Pradesh and Geology, Secretariat Buildings, Velagapudi’ District. Department of Mines Amaravati, Guntur

#3. The District Collector and Chairman, District Mineral Foundation, District Collectorate, Nandyala, Nandyala District.

#4. The Exe<jutive Engineer, PR (PIU) Division, Nandyala, Nandyala District.

#5. The Deputy Executive Engineer, PRI Sub-Division, Banaganapalle, Nandyala District

#6. The Deputy Director of Mines and Geology, Nandyala, Nandyala District 7. One CC to Sri Varun Byreddy, Advocate [OPUC] 8. Two CCs to GP for Panchayat Raj & Rural Development, High Court of Andhra Pradesh [OUT]

#9. Two CCs to GP for Mines & Geology, High Court of Andhra Pradesh [OUT]

#10. Two CD Copies RAM HIGH COURT DATED:18/07/2024 ORDER WP NO. 5666 OF 2025 )^l gT 19 AUG 2025 ys?v X^NCjiiT^ Sectiop^*^ - DISPOSING OF THE WP WITHOUT COSTS