APHC010093272024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] MONDAY,THE FOURTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 5022/2024 Between: 1. K. ANIL KUMAR, S/O A. KUPPAIAH, AGED ABOUT 35 YEARS, OCC- JCB CONTRACTOR, R/O JANGARAPALLI VILLAGE, PENGARAGUNTA POST, PALAMANERU MANDAL, CHITTOOR DISTRICT 2. N. VAMSI, S/O N.V. CHALAPATHI, AGED ABOUT 35 YEARS, OCC- CONTRACTOR, R/O SRINAGAR COLONY, OLDPET, GUDIYATHAM, PALAMANERU, CHITTOOR DISTRICT 3. K. LAKSHMI PRIYA, W/O RAMESH, AGED ABOUT 31 YEARS, OCC- CONTRACTOR, R/O JANGA.RAPALLI VILLAGE, PENGARAGUNTA POST, PALAMANERU MANDAL, CHITTOOR DISTRICT ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, HOUSING CORPORATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE MANAGING DIRECTOR, AP STATE HOUSING CORPORATION LIMITED, VIJAYAWADA, KRISHNA DISTRICT. 3. THE PROJECT DIRECTOR, ANDHRA PRADESH STATE HOUSING CORPORATION LIMITED, CHITTOOR, CHITTOOR DISTRICT. 4. THE DISTRICT COLLECTOR, CHITTOOR DISTRICT AT CHITTOOR 5. THE REVENUE DIVISIONAL OFFICER, PALAMANERU, CHITTOOR DISTRICT 6. THE TAHSILDAR, PALAMANERU MANDAL, CHITTOOR DISTRICT 7. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR 2 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 to issue a writ or direction or order particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents in withholding the payment of bills of Rs.27,36,542/-, Rs.10,07,219/- and Rs.7,16,821/- respectively totally an amount of Rs.44,60,582/- even after finalizing the bills payable to the petitioners in relation to the work Bushes Clearance, Jungle Clearance, Cutting of hillock area, Breaking of boulders having very had gravel soils. Land levelling and Lay out Preparation Land Leveling as a part of the scheme Navarathnalu - Pedalandariki Indlu of Palamaneru, Chittoor District as illegal, arbitrary and consequently direct the respondents to consider for payment of Rs.27,36,542/-, Rs. 10,07,219/- and Rs.7,16,821/- respectively totally amount of Rs.44,60,582/- with interest @24percent per annum for the delayed amount to the petitioners in respect of execution of above-mentioned work forthwith and 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 consider for payment Rs.27,36,542/-, Rs.10,07,219/- and Rs.7,16,821/- respectively totally an amount of Rs.44,60,582/- even after finalizing the bills payable to the petitioners in relation to the work “Bushes Clearance, Jungle Clearance, Cutting of hillock area. Breaking of boulders having veiy had gravel soils. Land levelling and Lay out Preparation Land Leveling as a part of the scheme Navarathnalu - Pedalandariki Indlu” of Palamaneru, Chittoor District, pending disposal of the Writ Petition and pass Counsel for the Petitioner(S): 1. SURESH KUMAR REDDY KALAVA Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. GP FOR REVENUE 3. MALLIKHARJUNA MOORTHY K (SC FOR A.P HOUSING CORPORATION LIMITED) 4. GP FOR HOUSING The Court made the following: 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION NO: 5022 of 2024 ORDER:- The instant writ petition has been filed by the petitioners under Article 226 of Constitution of India seeking the following main prayer: “….to issue a writ or direction or order particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents in withholding the payment of bills of Rs.27,36,542/-, Rs.10,07,219/- and Rs.7,16,821/- respectively totally an amount of Rs.44,60,582/- even after finalizing the bills payable to the petitioners in relation to the work Bushes Clearance, Jungle Clearance, Cutting of hillock area, Breaking of boulders having very had gravel soils. Land levelling and Lay out Preparation Land Leveling as a part of the scheme Navarathnalu - Pedalandariki Indlu of Palamaneru, Chittoor District as illegal, arbitrary and consequently direct the respondents to consider for payment of Rs.27,36,542/-, Rs. 10,07,219/- and Rs.7,16,821/- respectively totally amount of Rs.44,60,582/- with interest @24percent per annum for the delayed amount to the petitioners in respect of execution of above-mentioned work forthwith and pass….” 2. The sum and substance of the writ petition is that the petitioners are challenging the inaction of the respondents in not releasing the amounts even after completion of entire works entrusted by the A.P. State Housing Corporation Limited authorities in the district level. 3. Learned counsel for the petitioners submits that after completion of allotted works, the concerned housing authorities addressed a letter / communication to the revenue authorities to release the amount in favour of the petitioners. 4 4. The learned counsel for the petitioners further elaborated that inspite of repeated representations preferred by the petitioners to all the respondents, they have not released the bill amounts which leads to multifarious problems. In fact, the petitioners by availing loans from different sources, they spent huge amounts on the works. As they are not getting the bill amounts, which directly affects their right to life as envisaged under Articles 21 and 300-A of the Constitution of India. 5. He further asserted that the Government of Andhra Pradesh issued G.O.Rt.No.1454 Revenue (DA & LR) Department, dated 18.12.2019 where under the Government specifically allotted Rs.100 crores to each District Collector towards the budget for Navaratnalu – Pedalandariki Illu, for the financial year 2019-20. Hence, they prayed this Court to pass necessary orders in the lis. 6. On the other hand, the learned Standing Counsel Sri K. Mallikharjuna Moorthy, by referring to the counter affidavit asserted that due to administrative exigencies and intra-departmental correspondence between the housing corporation authorities as well as revenue authorities, which leads to delay in payment of bill amounts. 7. The learned Assistant Government Pleader for Revenue also submits that the concerned District Collector also addressed a letter to the A.P. Housing Corporation Authorities to release the bills amounts towards the petitioners and others. 5 8. Heard Mr. Suresh Kumar Reddy Kalava, learned counsel for the petitioners and Sri K.Mallikharjuna Moorthy, Standing Counsel for A.P. Housing Corporation Limited and also learned Assistant Government Pleader for Revenue and gone through the material on record. 9. After going through the relevant material on record and also the specific averments made in the counter affidavit, it is made clear that the respondent authorities i.e. Housing Corporation Authorities and Revenue Authorities are not at all disputing the factum of entrustment of work in favour of the petitioners and duly completion of said works by the petitioners. 10. However, the respondent authorities are projecting their respective versions in view of intra-departmental communication there is some ambiguity that who has to pay the amounts. On one hand, the learned counsel for the petitioners as well as learned Standing Counsel for Housing Corporation brought to the notice of this Court about G.O.Rt.No.1454 Revenue (DA & LR) Department, dated 18.12.2019, issued by the 1st respondent where under Rs.100 crores were sanctioned to each District Collector towards the Navaratnalu/Pedalandariki Illu- Budget allotted for the Financial Year 2019-20 so as to meet the expenditure under YSR Gruha Vasathi Scheme. 11. Thus, in view of the above facts and circumstances, it is not at all disputed the factum of work entrusted to the petitioners and more so completion of work by the petitioners without any iota of doubt, the grievance is only release of amounts by which department, undisputably, all the respondents are neither the State nor instrumentalities of the State only. 6 Hence, this Court is hereby directed all the respondents to release the admitted amount of Rs.44,60,582/- (Rupees Forty Four Lakhs Sixty Thousand Five Hundred and Eighty Two only) in favour of the petitioners, as early as possible, preferably, within a period of six (06) months from the date of receipt of copy of this order. 12. With the above direction, the writ petition is disposed of. There shall be no order as to costs. Miscellaneous petitions pending if any, shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 04.05.2026 RMR 7 26 THE HON’BLE SRI JUSTICE MAHESWARA RAO KUNCHEAM WRIT PETITION No.5022 of 2024 Date: 04.05.2026 RMR