' APHC010359722024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 18283 OF 2024 Between: Pativada Baskararao, S/o. Pydi Naidu, Aged about 35 years, Occ; Contractor, R/o H.No.4-382, ChinthalapetaVillage, Vizianagaram District, Andhra Pradesh - 535280. Gurla Mandal ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by Principal Secretary Panchayatraj and Rural Development Department Secretariat Buildings, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department, Secretariat Buildings Velagapudi, Amaravathi. District, Andhra Pradesh. Finance Guntur 3. The Commissioner Panchayatra; and Rural Development, State Andhra Pradesh, NH 16 Service Road, Tadepalli, Andhra Pradesh-522501 of Guntur District, 4. The District Collector Panchayatraj wing, Vizianagaram District at Vizianagaram. 5. The Mandal Parishat Development officer MPDO, Vizianagaram District 6. The Additional Programme Officer, M.G.N.R.E.G.S. Gurla Mandal, Vizianagaram District. 7. The Chmthalapeta Gram Panchayat, Rep. by its Panchayat Secretary Chinthalapeta Gurla Mandal (Panchayatraj), ...Respondents n 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 direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the balance amount for the material supply by the petitioner under the Mahatma Gandhi National Rural Employment Gurantee Scheme, A.P even though two FTRs generated for amount of Rs. 26,198 plus 24,510 - total Rs.50,708/-( Rupees Fifty Thousand Seven Hundred and Eight only), for supplying the material for development of Housing Colony in Chintalapeta Village, Gurla Mandal, Vizianagaram District, as illegal, arbitrary and violation of Articles 14, 16, 19 and 300-A of Constitution of India, Mahatma Gandhi National Rural Employment Guarantee Scheme consequently direct the respondents to release the amount of Rs.50,708/-( Rupees Fifty Thousand Seven Hundred and Eight only), of Chintalapeta Village, Gurla Mandal, Vizianagaram. 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 to direct the 1 to 6 Respondents to release the funds of 50,708/- (Rupees Fifty Thousand Seven Hundred and Eight only) through a proper channel into the petitioner account, pending disposal of the above writ petition. Counsel for the Petitioner: SRI DASARI S VV S V PRASAD Counsel for the Respondent Nos. 1,3,4 and 6: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent No. 2: GP FOR FINANCE PLANNING Counsel for the Respondent Nos. 5 and 7: SRI Y KOTESWARA RAO SC FORZPP, MPP AND GP The Court made the following order: 1 APHC010359722024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 18283/2024 Between: 1.PATIVADA BASKARARAO, S/0. PYDI NAIDU, AGED ABOUT H.NO.4-382, MANDAL VIZIANAGARAM DISTRICT, ANDHRA PRADESH - 535280. ...PETITIONER R/0 35 YEARS, OCC-CONTRACTOR, CHINTHALAPETAVILLAGE, GURLA 1 j AND 1.THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY, PANCHAYATRAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL FINANCE DEPARTMENT, SECRETARIAT GUNTUR SECRETARY, BUILDINGS DISTRICT, ANDHRA PRADESH. VELAGAPUDI, AMARAVATHI. PANCHAYATRAJ AND RURAL NH 16 3.THE COMMISSIONER DEVELOPMENT, STATE OF ANDHRA PRADESH, SERVICE ROAD, TADEPALLI, GUNTUR DISTRICT, ANDHRA PRADESH-522501 2 4. THE DISTRICT COLLECTOR PANCHAYATRAJ WING, VIZIANAGARAM DISTRICT AT VIZIANAGARAM. 5.THE MANDAL PARISHAT DEVELOPMENT OFFICER MPDO, GURLA MANDAL, VIZIANAGARAM DISTRICT 6.THE ADDITIONAL PROGRAMME OFFICER, M.G.N.R.E.G.S. GURLA MANDAL, VIZIANAGARAM (PANCHAYATRAJ), DISTRICT. 7.THE CHINTHALAPETA GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY,CHINTHALAPETA ...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 an appropriate Writ, Order direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the balance amount for the material supply by the petitioner under the Mahatma Gandhi National Rural Employment Gurantee Scheme, A.P even though two FTRs generated for amount of Rs. 26,198 plus 24,510 - total Rs.50,708/-( Rupees Fifty Thousand Seven Hundred and Eight only), for supplying the material for development of Housing Colony in Chintalapeta Village, Gurla Mandal, Vizianagaram District, as illegal, arbitrary and violation of Articles 14, 16, 19 and 300-A of Constitution of India, Mahatma Gandhi National Rural Employment Gurantee Scheme consequently direct the respondends to release the amount of Rs.50,708/-( Rupees Fifty Thousand Seven Hundred and Eight only), of Chintalapeta Village, Gurla Mandal, Vizianagaram, and to pass Counsel for the Petitioner: 1. DASARI S V V S V PRASAD Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra 3.GP FOR FINANCE PLANNING Ik 3 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 18283 of 2024 This Court made the following ORDER: The petitioner had been awarded the contract of work(s) under the subject scheme in Vizianagaram District. After execution of the said contract, a final bill was prepared for a sum of Rs.50,708/- 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. It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled for payment of Rs.50,708/- 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. 2. 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. 3. 4. On the other hand, learned Government Pleader placed on record written instructions dated 11.02.2025 submitted by the Panchayat Secretary, Gurla Mandal, Vizianagaram District, wherein, it is admitted that the petitioner is entitled for an amount of Rs.50,708/-. It is further stated that so far the amounts which were to be payable to the petitioner not received by the Gram Panchayat and whenever the same were credited to the Panchayat account the same will be paid to the petitioner. 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 of learned counsel for the petitioner, this Writ Petition is disposed of with a direction to the respondents to release the amount of Rs.50,708/- to the petitioner. 5. 6. As far as interest component is concerned, if there is any subsisting clause in the agreement/work order envisaging payment or non-payment of interest upon any amount, which is due and payable, the same is binding upon both the parties. In the absence of any clause with regard to interest component in the agreement, the respondents are directed to release the amount along with the interest @ 6% per annum on delayed . Iv, 5 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 three (03) 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 and due amount, if any payable by the respondents, in an appropriate forum. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. Sd/- SHAIK MOHAMMED RAFI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Panchayatraj and Rural Development Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh. 2. The Principal Secretary, Finance Department, State of Andhra Pradesh, Secretariat Buildings Velagapudi, Amaravathi Guntur District, Andhra Pradesh. 3. The Commissioner Panchayatraj and Rural Development, State of NH 16 Service Road, Tadepalli Andhra Pradesh, Andhra Pradesh-522501 4. The District Collector (Panchayatraj wing), Vizianagaram District at Vizianagaram. 5. The Mandal Parishat Development officer (MPDO), Gurla Mandal, Vizianagaram District 6. The Additional Programme Officer, M.G.N.R.E.G.S. (Panchayatraj), Gurla Mandal, Vizianagaram District. Guntur District, A 7. The Panchayat Secretary, Chinthalapeta Gram Panchayat, Chinthalapeta 8. One CC to Sri. Dasari S VV S V Prasad Advocate [OPUC] 9. One CC to Sri. Y Koteswara Rao SC for ZPP, MPP and GP [OPUC] 10. Two CCs to GP for Panchayat Raj Rural Dev, High Court of Andhra Pradesh [OUT] 11.Two CCs to GP for Finance Planning, High Court of Andhra Pradesh [OUT] 12. Two CD Copies GSC 'in HIGH COURT DATED:19/08/2025 ORDER WP NO. 18283 OF 2024 DISPOSING THE WP WITHOUT COSTS