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High Court of Andhra Pradesh · body

2025 DAILYLAW 35191 (AP)

GUDDETI RAJA RAM v. The State of Andhra Pradesh,

WP/28987/2024 · 2025-08-17

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

::1:: APHC010556152024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 28987/2024 Between: 1. GUDDETI RAJA RAM, S/O RAMA SUBBA REDDY, AGED ABOUT 47 YEARS, OCC CONTRACTOR, R/O. D.NO.2- 253, 2ND WARD, ERUVAPALEM, RAJUPALEM MANDAL, Y.S.R. KADAPA DISTRICT. ...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, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. GUNTUR DISTRICT, ANDHRA PRADESH. 3. THE COMMISSIONER, , PANCHAYATRAJ AND RURAL DEVELOPMENT, STATE OF ANDHRA PRADESH, NH 16 SERVICE ROAD, TADEPALLI, GUNTUR DISTRICT, ::2:: ANDHRA PRADESH-522501 4. THE DISTRICT COLLECTOR PANCHAYATRAJ WING, Y.S.R. KADAPADISTRICT AT KADAPA. 5. THE EXECUTIVE ENGINEER, P.R.I. DIVISION, JAMMALAMADUGU, Y.S.R. KADAPA DISTRICT. 6. THE MANDAL PARISHAT DEVELOPMENT OFFICER MPDO, RAJUPALEM MANDAL, Y.S.R. KADAPA DISTRICT 7. THE DODDANALAGRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY,DODDANALA VILLAGE RAJUPALEM MANDAL, Y.S.R. KADAPA DISTRICT ...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 or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not releasing the balance amount of Rs.7,31,125/- (Rupees Seven Lakhs Thirty one thousand one hundred and twenty five only) for the material supplied for the work of formation of the approach road with gravel surface under MGNREGS in converence with PRED at location Gopayapalli main road to Doddanala village via Pagidala fields in Pagidala (H) of Pagidala GP of Rajupalem Mandal, Y.S.R Kadapa District, under convergence funds Rajupalem Mandal, Y.S.R. Kadapa District under the Mahatma Gandhi National Rural Employment Guarantee Scheme, as illegal, arbitrary and violation of Articles 14,19, 21 and 300-A of ::3:: Constitutibn of India, Mahatma Gandhi National Kurai tmpioyment (Jurantee bcheme consequently direct the respondends to release the balance amount of Rs.7,3l,125/- (Rupees Seven Lakhs Thirty one thousand one hundred and twenty five only) with interest to the petitioner through proper channel and other reliefs, and to pass such 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. GP FOR FINANCE PLANNING ::4:: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 28987 of 2024 This Court made the following ORDER: Heard learned counsel for the petitioner and learned Government Pleader for respondents and perused the material placed on record. 2. Learned counsel for the petitioner submits that the petitioner was awarded a contract for formation of gravel road from Gopayapalli main road to Doddanala Village via Pagidala fields in Pagidala (H) of Pagidala GP of Rajupalem Mandal, YSR Kadapa District with an estimated cost of Rs.25 lakhs. Pursuant to the administrative sanction on 05.01.2019, technical sanction was also granted on 28.12.2019 and work was commenced on 01.03.2019 and work was completed on 29.01.2021. Out of the total estimated value of the contract as stated above an extent of Rs.5,73,181/- is material component and Rs.7,31,125/- is labour component. 3. While so, the petitioner herein sought for payment of Rs.7,31,125/- after receipt of amount towards material component. Learned counsel for the petitioner submits that even though the respondents submitted the work completion report/certificate and ::5:: passed bills, but not paid the final amount of Rs.7,31,125/-. Hence, the writ petition. 4. On the other hand, learned Government Pleader furnished written instructions dated 12.08.2025 submitted by the 5th respondent herein, wherein it is stated that as per the material component Rs.5,73,181/- has been paid to the petitioner after duly deducting the statutory recoveries, but as far as wage/labour component is concerned, Rs.7,31,125/- as claimed in the writ petition cannot be paid to the petitioner as the labour component will be paid to the registered labour job card holders by the Government of India as per the terms of MGNREGS Act and no mediator or vendor or contractor can be permitted to receive the same or is entitled to receive the amount of labour component on their behalf. Therefore, the claim of the petitioner in this writ petition cannot be granted since the claim of the petitioner is contrary to the scheme. As such, the petitioner is not entitled to receive the same. 5. Considering the submissions of both the counsel and after perusal of the written instructions furnished by the 5th respondent, it appears that the claim of the petitioner for payment to be made by the respondents is Rs.7,31,125/- is in respect of labour component only. As per MGNREGS Scheme the same should be paid directly to the job ::6:: card holders only. It is an admitted fact that the petitioner was paid material component of Rs.5,73,181/- after having statutory recoveries and paid eligible amount of Rs.3,75,091/-. But as per the scheme the labour component should be paid to the job card-holders directly, as such, the said amount cannot be disbursed through any contractor or intermediary agency. It should be disbursed directly to the job card- holders. Therefore, the claim of the petitioner that the respondents are liable for payment under labour component cannot be addressed and liable to be rejected since the claim is contrary to the scheme. Therefore, the petitioner is not entitled for the relief as prayed for. 6. Accordingly, the Writ Petition is disposed of directing the petitioner if any further claim is still payable by the respondents, other than material and labour components, he is at liberty to proceed further in accordance with law. No costs. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. _______________________________ VENKATESWARLU NIMMAGADDA,J 18.08.2025 KRK ::7:: ::8:: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA 85 WRIT PETITION NO: 542/2025 18.08.2025 krk