APHC010448822023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY,THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 23216/2023 Between: 1. MERUGA SUBBA RAO, S/O. SANJEEVA RAO, AGED 55 YEARS, OCC. CONTRACTOR, R/O. DOOR NO.4-89, MANTADA VILLAGE, PAMIDIMUKKALA MANDAL, KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT,VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, NH -16, TADEPALLI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR PANCHAYAT WING, KRISHNA DISTRICT AT MACHILIPATNAM. 4. THE EXECUTIVE ENGINEER, PRI DIVISION, MACHILIPATNAM, KRISHNA DISTRICT. 5. THE DEPUTY EXECUTIVE ENGINEER, PRI SUB DIVISION, PAMARRU, KRISHNA DISTRICT. 6. THE ASSISTANT EXECUTIVE ENGINEER, MANDAL PRAJA PARSIHAD OFFICE, PAMIDIMUKKALA MANDAL, KRISHNA DISTRICT. Page 2 of 5 7. THE PANCHAYAT SECRETARY CUM EXECUTIVE AUTHORITY, MANTADA GRAM PANCHAYAT, PAMIDIMUKKALA MANDAL, KRISHNA DISTRICT. 8. THE DIRECTOR, MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE MGNREG SCHEME, MINISTRY OF RURAL DEVELOPMENT, GOVERNMENT OF INDIA, KRISHI BHAVAN, NEW DELHI. 9. UNION OF INDIA, REP BY ITS SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF RURAL DEVELOPMENT DEPARTMENT, NEW DELHI. 10. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. ...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 topleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents in non-payment of amounts due for the last three years even after finalizing the bills, payable to me after the successful completion of the execution of work connected to work ID No. 067042904004090030 pursuant to MGNREGS grant to cost for the material supplied by the petitioner for Construction of Rythu Bharosa Kendram Center Building within a village under Convergence funds at Mantada Village, Pamidimukkala Mandal, Krishna District, issued by 4 th respondent, as illegal, irregular, arbitrary, violative of the provisions of Mahatma Gandhi National Rural Development Act, 2005. rules and regulations framed there under and offends under Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents to comply with the said M-Books by paying amounts covered thereby to the petitioner and pass IA NO: 1 OF 2023 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 to release the funds through a proper channel into the account of 7th respondent or any other concern, towards amount payable pursuant to work ID Nos. 067042904004090030 pursuant to MGNREGS grant to cost for the material supplied by the petitioner for Construction of Rythu Bharosa Kendram Center Building within a village under Convergence funds at Mantada Village, Pamidimukkala Mandal, Krishna District issued by 4th respondent, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. NIMMAGADDA REVATHI Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) The Court made the following order: Heard, Smt. Nimmagadda Revathi, learned counsel for the petitioner, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development for the respondents. 2. The above writ petition was filed to declare the action of the respondents in not releasing the amount of Rs.13,48,698/- payable to the petitioner in relation to the work executed i.e., Construction of Rythu Bharosa Kendram Center Building at Mantada Village, Pamidimukkala Mandal, Krishna District, vide Work ID.No.067042904004090030, as illegal and arbitrary. 3. Today, when the matter is taken up, the learned Assistant Government Pleader for Panchayat Raj, submitted instructions of the Executive Engineer (FAC), PRI Division, Machilipatnam – 4th respondent, dated 15.04.2026. 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned work for a total value of Rs.13,19,528/- and the net amount payable to the petitioner after statutory deductions of Rs.2,31,182/-, is Rs.10,88,346/-. The written instructions are made as part of the record. Page 4 of 5 5. Learned counsel for the petitioner endorses the same. 6. Thus, as seen from the instructions, there is no dispute regarding the execution of the aforementioned work and the petitioner’s entitlement for Rs.10,88,346/-. Since the amount payable is admitted and undisputed, the writ petition is maintainable. In M/s Utkal Highways Engineers and Contractors v. Chief General Manager & Ors1, it was held at Para No.8 as under: “Be that as it may, the High court has not dealt with the merits of the writ petition. Moreover, it is not an inviolable rule that no money claim can be adjudicated upon in exercise of writ jurisdiction. Non-payment of admitted dues, inter alia, may be considered an arbitrary action on the part of respondents and for claiming the same, a writ petition may lie. Further, throwing a writ petition on ground of availability of alternative remedy after 10 years, particularly, when parties have exchanged their affidavits, is not the correct course unless there are disputed questions of fact which by their very nature cannot be adjudicated upon without recording formal evidence.” 7. Given the instructions furnished by the Executive Engineer (FAC), PRI Division, Machilipatnam – 4th respondent, the Writ Petition is disposed of directing the respondents to release the amount of Rs.10,88,346/- (Rupees Ten Lakhs Eighty Eight Thousand Three Hundred and Forty Six only) payable to the petitioner regarding execution of aforementioned work, within three (03) months from the date of receipt of the copy of this order. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 15.04.2026 SNI 1 2025 SCC online SC 1400 49 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 23216 of 2023 Date: 15.04.2026 SNI