::1:: APHC010445432024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 22964/2024 Between: 1. RAMIREDDY ANJAIAH, S/O RAMA KOTAIAH, HINDU, AGED ABOUT 65 YEARS, R/O TAMAVARAM VILLAGE H/O BODDUVANIVARIPALEM, KORISAPADU MANDAL BAPATLA DISTRICT, ANDHRA PRADESH STATE. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT ,VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 2. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE AND PLANNING DEPARTMENT, SECRETARIAT ,VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT 3. THE DISTRICT COLLECTOR, BAPATLA DISTRICT. 4. THE TAMMAVARAM GRAM PANCHAYAT, REP BY ITS EXECUTIVE OFFICER CUM PANCHAYAT SECRETARY ::2:: KORISAPADU MANDAL, BAPATLA DISTRICT 5. THE PROJECT DIRECTOR, DISTRICT WATER MANAGEMENT AGENCY, DWMA, BAPATLA, BAPATLA DISTRICT(EARSTWHILE PRAKASAM DISTRICT, ONGOLE). 6. THE KORISAPADU MANDAL, REPRESENTED BY MANDAL PARSIHATH DEVELOPMENT OFFICER, MPDO, BAPATLA DISTRICT. 7. THE SECRETARY, MINISTRY OF RURAL DEVELOPMENT, GOVERNMENT OF INDIA, KRISHI BHAWAN, NEW DELHI. R7 IS SUO-MOTO IMPLEADED AS PER ORDER OF THE COURT DATED 26.03.2025 ...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 order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the Respondents in not releasing the funds amounting Rs 3,49,656/- to the petitioner with interest in pursuance of MGNREGS funds towards cost for the material supplied by me for the work Construction of development of barial ground work in Tammavaram Village of Korisapadu Mandal with ID No 081142704002170230 as being illegal, arbitrary and violative of provisions of the Andhra Pradesh Panchayat Raj Act 1994 and Unconstitutional and consequently direct the respondents to release funds amounting Rs 3,49,656/ to the petitioner with interest @12percent p.a in pursuance of MGNREGS funds towards cost for the material supplied by the petitioner for the work Construction of development of barial ::3:: ground work in Tammavaram Village of Korisapadu Mandal with ID No 081142704002170230 and to pass such other order or orders as this Hon'ble Court may deems fit just and proper in the circumstances of the case, and to pass Counsel for the Petitioner: 1. RAMA MOHAN RAO KOTHA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. (ASST SOLICITOR GENERAL OF INDIA) 3. ALEKHYA REDDY TADASINA 4. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats 5. GP FOR FINANCE PLANNING ::4:: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:22964 of 2024 This Court made the following ORDER: The petitioner completed the construction of development of burial ground work in Tammavaram Village of Korisapadu Mandal, erstwhile Prakasam District under the scheme of Mahatma Gandhi National Rural Employment Guarantee Schem. After execution of the said work, a final bill was prepared for a sum of Rs.3,49,656/- 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. 2. It is the contention of the petitioner that even though the respondents admitted that the petitioner is entitled for payment of Rs.3,49,656/- 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. ::5:: 3. 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. 4. On the other hand, respondent Nos.4 and 6 filed counter- affidavit stating that the gram panchayat passed resolution for the work executed by the petitioner dated 06.03.2025 and further resolved that as and when gram panchayat received money from the State Government they will pay the same to the petitioner. 5. Learned Standing Counsel for Respondent No.7 filed a memo enclosing a copy of circular No.J-11060/43/2022-RE-VI (379804) issued by Ministry of Rural Development, Department of Rural Development (Mahatma Gandhi NREGA Division), Government of India, dated 10.07.2025 and a copy of a letter dated 24.07.2025 addressed by the Ministry of Rural Development, Government of India to the learned Standing Counsel for Respondent No.7, wherein, it is admitted that the petitioner is entitled for an amount of Rs.3,49,656/-. It is further stated that uploading of bills to the PAO is under progress. Soon ::6:: after the bills were uploaded, the bill amount entitled by the petitioner will be paid to the petitioner. 6. In view of the facts and circumstances submitted in the affidavit and in view of G.O.Rt.No.646, Panchayat Raj & Rural Development (RD.II) Department, dated 15.11.2024 as well as Circular No.J-11060/43/2022-RE-VI (379804) issued by Ministry of Rural Development, Department of Rural Development (Mahatma Gandhi NREGA Division), Government of India, dated 10.07.2025 and letter dated 24.07.2025 addressed by the Ministry of Rural Development, Government of India to the learned Standing Counsel for Respondent No.7 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.3,49,656/- to the petitioner. 7. 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 ::7:: 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 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. _____________________________________ VENKATESWARLU NIMMAGADDA,J 11.08.2025 KRK ::8:: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA 86 WRIT PETITION NO: 22964 OF 2024 11.08.2025 krk