APHC010428572024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE'^ PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 22158 OF 2024 Between: Mulavayala Venkateswarulu, S/o M Swamy Reddy, aged about 34 years, R/o Kuppampalle, Venkatagiri Mandal, Tirupati, Tirupati District. ...Petitioner— AND 1. The State of Andhra Pradesh, Rep. by its Special Chief Secretary, Housing Department, AP Secretariat, Velagapudi, Amaravati, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Velagapudi, Department of Finance and Planning, AP Secretariat, Amaravati, Guntur District. 3. The District Collector and District Programme Coordinator, MGNERGS, Nellore, SPSR Nellore District. 4. Mandal Parishad Development Officer and Program Officer, Venkatagiri Mandal, Tirupati District. 5. The Project Director, Dwama, Venkatagiri, Tirupati District. 6. The Project Director, Housing Department, Tirupati. 7. Andhra Pradesh State Housing Corporation, Rep by its Managing Director, Plot No. 11 and 12 Behind BSNL Telephone Exchange Auto Nagar, Vijayawada, 520007, Krishna District. ^ 8. Ammapalem Gram Panchayat, Rep by its panchayat secretary, Venkatagiri Mandal. Triupati District. 9. The Commissioner. Panchayat Raj and Rural Development Department. Guntur. R9 is Suo Moto impleaded as per the Court's Order dt.11.03.2025 in Writ Petition and Affidavit.^ ...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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in non-payment an amount of Rs. 2,14,906/-. in total due for the last three years even after finalizing the bills, payable to the petitioner after the the execution of works i.e.. Development of Housing Colony at Location / Habitation Ammapalem .old .sc .be .colony S.No 119/ Kuppam Palli, under Work Id 091343505015170370 under MGNREG Scheme duly approved by respondents, as illegal, arbitrary, unjust fundamental rights guaranteed to the Petitioner under Articles Constitution of India and consequently direct the successful completion of the unreasonable and violative of 14 and 21 of the respondents to release an amount of Rs. 2.14,906/-, towards the works executed by the petitioner along with 12 % interest per annum. \A 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 direct the respondents to pay the amount of Rs. may be pleased to 2, 14, 906/- in total due for the last three years even after finalizing the bills. payable to the petitioner after the successful completion of the execution of works i.e.. Development of Housing Colony at Location / Habitation; ammapalem .old .sc .be .colony S.No; 119/ Kuppam Palli, under Work Id; 091343505015170370 under MGNREG Scheme”, forthwith, pending disposal of the main writ petition." Counsel for the Petitioner: SRI P SHIVA SAI DATTATHREYA REPRESENTING SRI SIVAPRASAD REDDY VENATI Counsel for the Respondent No. 1: GP FOR HOUSING Counsel for the Respondent No.2: GP FOR FINANCE & PLANNING^ Counsel for the Respondent No.6: SRI KALYAN CHAKRAVARTHY R Counsel for the Respondent No.7: SRI E V JAGANNADHA RAO (SC FOR AP STATE HOUSEING COOP LTD) ^ Counsel for the Respondent Nos. 4 & 8:SRI T ANVESH REPRESENTING SRI MATTEGUNTA SUDHIR, STANDING COUNSEL FOR Z.P.Ps,M.P.Ps, GP Counsel for the Respondent Nos. 3 & 9: GP FOR PANCHAYAT RAJ & RURAL DEV The Court made the following order: 9 APHC010428572024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 22158 OF 2024 Between; 1. Mulavayala Venkateswarulu,, S/o M Swamy Reddy, aged about 34 years, R/o Kuppampalle, Venkatagiri Mandal, Tirupati, Tirupati District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Special Chief Secretary, Housing Department, AP Secretariat, Velagapudi, Amaravati, Guntur District. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Finance and Planning, AP Secretariat, Velagapudi, Amaravati, Guntur District. 3. The District Collector and District Programme Coordinator, MGNERGS, Nellore, SPSR Nellore District. 4. Mandal Parishad Development Officer and Program Officer, Venkatagiri Mandal, Tirupati District. 5. The Project Director, Dwama, Venkatagiri, Tirupati District. 6. The Project Director, Housing Department, Tirupati. 7. Andhra Pradesh State Housing Corporation, Rep by its Managing Director, Plot No. 11 and 12 Behind BSNL Telephone Exchange Auto Nagar, Vijayawada, 520007, Krishna District. 8. Ammapalem Gram Panchayat, Rep by its panchayat secretary, Venkatagiri Mandal, Triupati District. 9. The Commissioner, Panchayat Raj and Rural Development Department, Guntur. R9 is Suo Moto impleaded as per the Court's Order dt.11.03.2025 2 ...Respondents Counsel for the Petitioner: SIVAPRASAD REDDY VENATI Counsel for the Respondents: KALYAN CHAKRAVARTHY R Counsel for the Respondents:E V JAGANNADHA RAO (SC FOR AP STATE HOUSEING COOP LTD) Counsel for the Respondents:GP FOR HOUSING Counsel for the Respondents:Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats Counsel for the Respondents:GP FOR FINANCE PLANNING The Court made the following ORAL ORDER: Heard Sri P. Shiva Sai Dattathreya, learned Counsel appearing on behalf of Sri Siva Prasad Reddy Venati, learned Counsel for the Writ Petitioner; Sri P. Soma Raju, learned Assistant Government Pleader for Housing Corporation appearing for Respondent Nos.1 & 7 and Sri T. Anvesh, learned Counsel appearing on behalf of Sri M. Sudheer, learned Standing Counsel for Gram Panchayat. 2. Sri P. Soma Raju, learned Assistant Government Pleader for Housing Corporation appearing for Respondent Nos.1 & 7 has drawn the attention of this Court to the contents of the Counter Affidavit. Relevant portion (Para Nos.3 & 7) of the Counter Affidavit is usefully extracted hereunder: “3) It is submitted that the execution of the above work was entrusted to the petitioner by the Project Director, DWMA, Tirupati District (i.e. 5'" Respondent herein) and the Mandal Parishad Development Officer & Program Officer, Venkatagiri Mandal, Tirupati District (i.e. 4*'^ Respondent herein) has admitted the work progress completed by the petitioner and recorded in the M.Books. 7) Subsequently, vide Lr.No. 1595/APSHCL/E&P/MGNREGS works/2023, dated 08.11.2024, it is submitted that the present Managing Director, APSHCL, Vijayawada (i.e. Respondent herein), requested the Commissioner of Panchayat Raj & Rural Development Department to take necessary action for release of any pending payments pertaining to MGNREGS works so as to avoid legal complications in view of the Court cases being filed, as APSHCL is not in a position to release any further bills for MGNREGS works since APSHCL is not having separate budget and also the Finance Department has informed that for the works which were already sanctioned under MGNREGS, PR&RD % 3 department may be advised to meet the requirement from MGNREGS Funds.” 3. The above extract would indicate that the liability to pay the Writ Petitioner has been admitted by the Official Respondents. In this view of the matter, this Court deems it appropriate to allow this Writ Petition, at the admission stage, without going into merits, with the following directions : /. All the Respondents shall complete the entire administrative process Inter-department and Intra-department by way of mutual co-operation and coordination within a period of six weeks from today and transfer the due amount to the bank account of the Writ Petitioner within four weeks thereafter. a. In view of the delay caused in the payment, this Court deems it appropriate to award 6% simple interest per annum on the claim from the date on which the amount fell due upto to the date of payment. The said amount shall also be paid within the time fixed as above. / 4. With these observations and directions, this Writ Petition stands allowed. No order as to costs. 5. Interlocutory Applications, if any, stand closed in terms of this order. Sd/- M. RAMESH BABU DEPUTY REGISTRAR //TRUE COPY// S N OFFICER To, 1. The Special Chief Secretary, Housing Department, AP Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Principal Secretary, Department of Finance and Planning, AP Secretariat, Velagapudi, Amaravati, Guntur District. 3. The District Collector and District Programme Coordinator, MGNERGS, Nellore, SPSR Nellore District. 4. The Mandal Parishad Development Officer and Program Officer, Venkatagiri Mandal, Tirupati District. 5. The Project Director, Dwama, Venkatagiri, Tirupati Distrj^ 6. The Project Director, Housing Department, Tirupati. 7. The Managing Director, Andhra Pradesh State Housing Corporation, Rep by its Plot No. 11 and 12 Behind BSNL Telephone Exchange Auto Nagar, Vijayawada, 520007, Krishna District. 8. The Panchayat Secretary, Ammapalem Gram Panchayat, Venkatagiri Mandal, Triupati District. 9. The Commissioner, Panchayat Raj and Rural Development Department, Guntur. ' 10. One CC to Sri Sivaprasad Reddy Venati Advocate [OPUC] 11. One CC to Sri Kalyan Chakravarthy R Advocate [OPUC] ^ 12. One CC to Sri E V Jagannadha Rao (SC FOR AP State Houseing Cpop Ltd) Advocate [OPUC] 13. Two CCs to GP for Housing, High Court of Andhra Pradesh [OUTJ— 14. One CC to SRI Mattegunta Sudhir, Standing Counsel For Z.PTPs, M.P.Ps, Gram Panchayats Advocate [OPUC] 15. Two CCs to GP for Finance & Planning High Court of Andhra Pradesh [OUT] 16. Two CCs to GR for, Panchayat Raj & Rural Dev, High Court of Andhra Pradesh [OUT] 17. Two CD Copies TF HIGH COURT DATED: 11/07/2025 ORDER WPNO. 22158 OF 2024 5 i i jtt» m Current Section ^ ALLOWING THE W.P., WITHOUT COSTS