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2026 DAILYLAW 13445 (AP)

K. Mallikarjuna Rao v. The State of Andhra Pradesh

WP/28546/2026 · 2026-10-05

Harinath N

body2026

Judgment text

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APHC010521042026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY, THE 6th DAY OF OCTOBER 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 28546/2026 Between: 1. K. MALLIKARJUNA RAO, S/O. VEERABHADRA RAO, AGED ABOUT 54 YEARS, OCC CONTRACTOR, RIO. H.NO. 123, MAIN ROAD, KANNAIGUDEM, YATAPAKA MANDAL, EAST GODAVARI DISTRICT, ANDHRA PRADESH 533288. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, TRIBAL WELFARE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH 522238. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH 522238. 3. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT, PVS EMPIRE, NEAR PATUR CROSS ROAD, TADEPALLI, GUNTUR DISTRICT, ANDHRA PRADESH 522501. 4. THE MANDAL DEVELOPMENT OFFICER, RAMPACHODAVARAM, EAST GODAVARI DISTRICT, ANDHRA PRADESH 533288. 5. THE EXECUTIVE ENGINEER, TRIBAL WELFARE DIVISION, RAMPACHODAVARAM, EAST GODAVARI DISTRICT, ANDHRA PRADESH 533288. 2 ...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 topleased 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 social audit Withheld amount payable to the petitioner towards the completed works under M-Book Nos I.e., 1.M.B.No.317/B/TW/2020-21 - Rs.14,72,240/- 2.M.B.No.47/A/TW/2019-20 Rs.18,56,589/- (13,86,366 PLUS 4,70,223)/- both together in total Rs.33,28,829/-, in accordance with Clarification issued vide Lr.No.2977/EGS/DEE(SS)/2014, dt 21.11.2017 by the 3rd respondent, as illegal, arbitrary and violative of Articles 14 and 21 of the Constitution of India and also oppose to the settled principles of law, and consequently direct the respondents to forthwith release the Social audit Withheld amount to the petitioner towards the completed works under M Book Nos I.e., 1.M.B.No.317/B/TW/2020-21 Rs.14,72,240/ 2.M.B.No.47/A/TW/2019-20 Rs.18,56,589/- (13,86,366 PLUS 4,70,223)/- both together in total Rs.33,28,829/-, in accordance with Clarification issued vide Lr.No.2977/EGS/DEE(SS)/2014, dt 21.11.2017 by the 3rd respondent, and pass IA NO: 1 OF 2026 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 pleased to direct respondent Nos: 1 to 3 to release the Social audit Withheld amount to the petitioner under Rs.14,72,240/- M-Book Nos I.e., 1.M.B.No.317/B/TW/2020-21 - 2.M. B.No.47/A/TW/2019-20— Rs.18,56,589/- (13,86,366 + 4,70,223)/- both together in total Rs.33,28,829/-, pending disposal of the writ petition and pass Counsel for the Petitioner: 1. RAVULA NAGARJUNA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR SOCIAL WELFARE 3. GP FOR FINANCE PLANNING 3 The Court made the following Order:- The learned counsel for the petitioner submits that the petitioner is aggrieved by the action of the respondents in withholding the social audit amount payable to the petitioner in respect of the completed works covered under M.B. No.317/B/TW/2020-21 for Rs.14,72,240/- and M.B. No.47/A/TW/2019-20 for Rs.18,56,589/- (Rs.13,86,366/- + Rs.4,70,223/-), aggregating to Rs.33,28,829/-, contrary to the clarification issued by the 3rd respondent vide Letter No.2977/EGS/DEE(SS)/2014, dated 21.11.2017, and the agreement entered into between the parties. 2. It is submitted that the petitioner had completed the works entrusted to him and that the competent authority of the respondents had also approved the payment due and payable to the petitioner. The respondents have also recorded the progress of the works and the amounts due and payable to the petitioner in the M-Book. 3. Heard the submissions of the learned counsel for the petitioner, the learned Government Pleader for the respondents. 4. During the course of hearing, the learned Government Pleader appearing for the respondents submits that the works have been completed and that the petitioner has also submitted the final bill and the amounts due and payable to the petitioner have been duly admitted. It is submitted that further funds are awaited and that, soon after the release of the funds, the bill due and payable to the petitioner shall be cleared. 4 5. Recording the submissions, this writ petition is disposed of, directing the respondents to verify and release the payments due and payable to the petitioner as expeditiously as possible, preferably within a period of eight (08) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. 6. Pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 06.10.2026 RSD/BAK 5 205 THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 28546/2026 06.10.2026 RSD/BAK