APHC010227342024 IN THE HIGH COURT OF ANDHRA PRADESH / AT AMARAVATI / (Special Original Jurisdiction) Si'H 01 f'K WEDNESDAY,THE TWENTY THIRD DAY OF JULY i TWO THOUSAND AND TWENTY FIVE ^ PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 11636 OF 7n9d Bet\A^een: Dr. Ohennu Prasad, S/o. Narasimha Peddppavali Village, Lingasamudram Mandal Rao, Aged about 50 Prakasam District years, R/o. ...PETITIONER AND 1. ; The State of Andhra Pradesh, Rep. by its Principal Secretary (Finance iDepartment), Secretariat, Velgapudi, Amaravati, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary (Panchayat Raj and Rural Department), Secretariat, Velgapudi, Amaravati, Guntur District 3. A P State Housing Corporation Limited, Rep, by its Managing Director, Vijayawada, NTR District 4. The Project Director, A P State Housing Corporation Limited (old Prakasam) District. 5. the District Collector, Nellore (old Prakasam) District. 6. The Executive Engineer, P.R.I. Division, Kavali (old Kandukur), Nellore (cpld Prakasam) District. 7. The Mandal Parishad Development Officer Lingasamudram. Nellore Mandal Praja Parishad 8. The Pedapavani Panchayat, Rep. by its Panchayat Secretary, Pedapavani Village, Lingasamudram Mandal Nellore (old Prakasam) District. A-. ...RESPONDENTS 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 an appropriate writ, order or direction, more particularly one m the nature of Writ of Mandamus declaring the action of the respondent authorities in not releasing the amount of Rs. 10,00 000/- for the works executed by the Petitioner Vide Work ID. No. 081175316020170708 arbitrary, illegal, contrary to Law and against the Principles of Natural Justice and against the Norms of the Public Policy and to issue consequential direction directing the respondent authorities to release the to the petitioner with an interest at the rate of 18% as amounts payable per annum. lA 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 direct the respondent authorities to release the amount of Rs. 10,00,000/- for the works executed by the Petitioner vide Work ID No.081175316020170708, pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI VENKAT SAILENDRA G Counsel for the Respondent No.1:GP FOR FINANCE AND PLANNING Counsel for the Respondent Nos.2 & 6:GP FOR PANCHAYAT RURAL DEVELOPMENT to RAJ & 4 / Coupisel for the Respondent Nos.3 & 4: SRI E. V. JAGANNADHA RAO (SC FOR AP STATE HOUSEING COOP. LTD.) Couhsel for the Respondent No.5:GP FOR REVENUE /' Counsel for the Respondent Nos.7 & 8:SRI M. SUDHIR SC FOR ZPP,MPP & GRAM PANCHAYAT The Court made the following order: THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.11636 of 2024 ORDER: The petitioner had been awarded the contract of work(s) under the subject scheme in Nellore District. After execution of the said contract, a final bill was prepared for a sum of Rs.10,00,000/- 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. 1. 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. 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. 2. 3. On the other hand, learned Government Pleader for the Finance Department filed the counter affidavit issued by the respondent Nos. 3 and 4 wherein it is stated that;- 4. 2 It is respectfully submitted that on 08.01.2024, the Commissioner of PR & Rural Development addressed a letter to the 3rd Respondent herein, 1500183 through Lr.No. /CPR&RD/EGS/PM(SP)/2021. In this letter conveyed that the Deputy Secretary, Finance, requested detailed information regarding the works sanctioned under MGNREGS for the leveling house sites, along with details of pending to facilitate further action. Accordingly, on 10.01.2024, the 3rd Respondent sent a letter to the Commissioner it had of payments. of Panchayat Raj & Rural Development (Lr. No. 1595/APSHCL/E&P/MGNREGS/2022) detailed information and requesting necessary steps for release of pending payments under MGNREGS so as to avoid any legal complications arising from court cases filed by the executing agencies funds have been allocated to APSHCL Government. providing as no by the It is submitted that in view of all the above correspondences by the APSHCL, the Commissioner, Panchayat Raj & Rural Development Department, Guntur has addressed a letter to the Principal Secretary, Panchayat Raj & Rural Development Department vide dated necessary action in Lr.No.2313479/CPR&RD/EGS/PM(SP)/ 2024 20.11.2024, and requested to take clearing the pending payments towards the "Leveling 1^ 3 of House sites" works which were taken up under is pending for Phase 1 & Phase II and the same consideration”. In view of the aforesaid directions of this Court in various cases, and 5. after hearing the submissions of the learned counsel for the petitioner and the learned Government Pleader for the Finance Department, this Writ Petition is disposed of with a direction to the respondents to release an amount of Rs.10,00,000/- to the petitioner, without interest. The said amount shall be released within a period of three (03) months from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. Sd/- K.J.RAJA BABU ASSISTANT REGISTRAR SECTION OFFICER //TRUE COPY// To, Principal Secretary (Finance Department), State of Andhra Pradesh, Secretariat, Velgapudi, Amaravati, Guntur District. 2. The Principal Secretary (Panchayat Raj and Rural Department), State Secretariat, Velgapudi, Amaravati, Guntur District 1. The of Andhra Pradesh 3. The Managing Director, A P State Housing Corporation Limited Vijayawada, NTR District 4. The Project Director, A P State I (old Prakasam) District. ' 5. The District Coliector, Nellore (old Prakasam) 6. The Executive Engineer, P.R.l. (old Prakasam) District. The Mandal Parishad Development Officer Lingasamudram. Housing Corporation Limited, Nellore District. Division, Kavali (old Kandukur) Nellore If. Mandai Praja Parishad, . The Panchayat Secretary, Pedapavani Panchayat, Pedapavani Village Lingasamudram Mandal Nellore (old Prakasam) District. One CC to Sri Venkat Sailendra G, Advocate [OPUC] 10. One CC to Sri E. V. Jagannadha Rao (SC for AP State Housing Coop Ltd) [OPUC] ^ ^ 11. One CC to Sri M.Sudhir, SC forZPP 1^. Two CCs to MPP & Gram Panchayat[OPUC] GP for Finance and Planning, High Court of Andhra Pradesh [OUT] If Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] '' 14. Two CCS to GP for Panchayat Raj and Rural Development, High Court of'Andhra Pradesh [OUT] 15- Two CD Copies. ssb L V*'-- HIGH COURT DATED;23/07/2025 ORDER WP No.11636 OF 2024 ANDH^^ = 2?SE^2n?5 % Coh ^ . Current Section DISPOSING OF THE W.P. WITHOUT COSTS