APHC010376962024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] THURSDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No: 19283/2024 Between: Yaragorla Venkata Ramaiah ...PETITIONER AND The State of Andhra Pradesh and others ...RESPONDENT(S) Counsel for the Petitioner: 1. V.N.V.SURYA DATTU 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 The Court made the following: 2 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India for the following relief: "…..to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents in not releasing an amount of 21% of FTO amounts and 5% of Social Audit and Quality Control amounts to tune of Rs.7,05,603/- in connection with MGNREGS+SDF Funds with Work ID Nos.067062601001080010, 11, 12 & 13 pursuant to the Mahatma Gandhi National Rural Employment Scheme (MGNREGS) grants + State Development Funds grant works for the material supplied by the petitioner for providing pucca internal roads, culverts and drains within in limits of respondent No.4Gram Panchayat, as illegal arbitrary violation of principles of natural justice contrary to the Rules and Regulations of the National Rural Employment Guarantee Act, 2005 as illegal arbitrary violation of principles of natural justice contrary to the settled principles of natural justice and offends Articles 14, 19 and 300-a of the Constitution of India and consequently direct the respondents to comply with the above Measurement Books/Fund Transfer Orders by paying amounts along with interests at 6% to the petitioner and pass such other order or orders….." 2. The case of the petitioner is that he has executed the work, but however, the respondents have not paid the amount due to the petitioner for the work done by him. Hence, the present Writ Petition is filed. 3. The Assistant Government Pleader for Panchayat Raj has furnished proceedings across the bench addressed by the Executive Engineer, PRI Division, Vijayawada, addressed to the office of the Government Pleader for PR & RD Department, High Court of Andhra 3 Pradesh. The said proceedings transpires that the petitioner is claiming QC recovery amount and 5% WH amount and with held amount of Rs.1,98,862/- was paid to the petitioner on 23.03.2024 through MCC and the QC recovery amount for four works for Rs.5,06,741/- under MGNREGS grant was recovered by CRD and now the recovery amount bills were generated in MCC vide (1) FTO No.02106 for Rs.1,54,540/- (2) FTO No.02102 for Rs.58,553/- (3) FTO No.02109 for Rs.1,42,748/- (4) FTO No.02112 for Rs.1,50,900/- dated 16.01.2025 as per GO Rt.No.646 dated 15.11.2024 of PR & RD (RD.II) Department and instructions of Commissioner, RD and payment to be made. 4. As seen from the above proceedings addressed by the Executive Engineer, in the remarks column, it is stated the reason for non- payment of the amount due to the petitioner and now the recovery amount bills were generated and the same will be paid to the petitioner within a reasonable period. As seen from the proceedings, the respondents are not disputing the execution of the work done by the petitioner and the amount due to the petitioner herein. 5. Therefore, this Court is inclined to dispose of the Writ Petition, directing the respondents herein to pay the amount due to the petitioner within a period of ten (10) weeks from today, failing which the petitioner is entitled to interest @ 6% per annum from the date of Writ Petition till the date of realization. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. 4 As a sequel thereto, Interlocutory Applications pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 13.02.2025 siva 5 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.19283 of 2024 Date: 13.02.2025 siva