APHC010278612024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 13946/2024 Between: 1. KONATHALA VENKATA RAO,, S/O.SATYANARAYANA HINDU, MALE, AGE- 58 YEARS, AKUTEEGAPADU VILLAGE, PENTAPADU MANDAL, W.G.DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO HOUSING DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO FINANCE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. A P STATE HOUSING CORPORATION LTD, 2ND FLOOR, SP RIVER VIEW BUILDING, TADEPALLI, REP. BY ITS MANAGING DIRECTOR. 4. THE PROJECT DIRERTOR, A.P STATE HOUSING CORPORATION LTD, WEST GODAVARI DISTRICT. BHIMAVARAM. 5. THE DISTRICT HEADHOUSING, WEST GODAVARI DISTRICT. 6. THE EXECUTIVE ENGINEER, PANCHAYAT RAJ DIVISION, BHIMAVARAM, WEST GODAVARI DISTRICT. 7. THE MANDAL PARISHAD DEVELOPMENT OFFICER, PENTAPADU MANDAL, OFFICE AT PENTAPADU, WEST GODAVARI DISTRICT. 8. THE PROGRAMME OFFICER, M.G.N.R.E.G.S WORKS, PENTAPADU MANDAL, PENTAPADU, W.G.DISTRICT. 9. THE MUDUNURU GRAMPANCHAYAT, MUDUNURU VILLAGE, PENTAPADU MANDAL, REP BY ITS SECRETARY. ...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 to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents herein in not releasing the admitted bill amount of Rs.5,87,382/- for Completition of works under MGNREGS Grants to Development of Housing Colony in Mudunuru Village, Pentapadu Mandal, West Godavari District., even after issued FTR No's (1) FTR No.9052721000919 for Rs.3,25,786/- (2) FTR No.9052721000920 for Rs.2,61,596/- is illegal, arbitrary, and Violation of Principles of Natural Justice and violative of Articles 14, 16 and 21 of Constitution of India and consequently direct the respondents herein forthwith to release and pay the Admitted Bills Total an amount of Rs.5,87,382/- to the.Petitioner along with interest @12percent p.a and to pass IA NO: 1 OF 2024 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 Admitted FTO Amounts of Rs.3,25,786/- plus Rs.2,61,596/- Total Amount of Rs.5,87,382/- for Completition of works under MGNREGS Grants to Development of Housing Colony in Mudunuru Village, Pentapadu Mandal, West Godavari District., to the Petitioner through a proper channel .pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. MURALI KRISHNA YELISETTI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. E V JAGANNADHA RAO (SC FOR AP STATE HOUSEING COOP LTD) 3. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) 4. MALLIKHARJUNA MOORTHY K (SC FOR A.P HOUSING CORPORATION LIMITED) 5. GP FOR HOUSING 6. GP FOR FINANCE PLANNING The Court made the following: ORDER Heard Sri Murali Krishna Yelisetti, learned counsel for the petitioner and Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development & Finance and Planning Department, for the respondents. 2. The above writ petition was filed to declare the action of the respondents in not releasing the admitted bill amount of Rs.5,87,382/- for Competition of works under MGNREGS Grants to Development of Housing Colony in Mudunuru Village, Pentapadu Mandal, West Godavari District, even after issued FTR No's (1) FTR No.9052721000919 for Rs.3,25,786/- (2) FTR No.9052721000920 for Rs.2,61,596/-, as illegal and arbitrary. 3. Today, when the matter is taken up for consideration, learned Assistant Government Pleader for Panchayat Raj, submitted the written instructions of the Project Director, District Water Management Agency, West Godavari, Bhimavaram. 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned works and the total value of the work done by the petitioner is Rs.7,38,779/- and after deducting Wage Expenditure and statutory deductions, the net amount payable to the petitioner comes to Rs.5,87,381/-. The written instructions are made as part of the record. 5. Thus, as seen from the instructions there is no dispute regarding the execution of works and the petitioner’s entitlement for Rs.5,87,381/-. Since the amount payable is admitted and undisputed, the writ petition is maintainable. In M/s Utkal Highways Engineers and Contractors Vs. 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.” 6. Given the instructions furnished by the Project Director, District Water Management Agency, West Godavari, Bhimavaram, the Writ Petition is disposed of directing the respondents to release an amount of Rs.5,87,381/- (Rupees Five Lakhs Eighty Seven Thousand Three Hundred and Eighty One only) payable to the petitioner regarding execution of the aforementioned work, within two (02) 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 PVD 1 2025 SCC online SC 1400