APHC010287232024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY,THE TWENTY THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 14392/2024 Between: 1. KADALI RAMBABU, S/O. KANAKAM, AGED 48 YEARS, OCC CONTRACTOR AND MATERIAL SUPPLIER, R/O. H.NO. 3-74, SARAVA VILLAGE, NARASAPURAM MANDAL, WEST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL, AMARAVATI, GUNTUR DISTRICT. 3. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, NH-16, TADEPALLI, GUNTUR DISTRICT. 4. A P STATE HOUSING CORPORATION LTD, 2IID FLOOR, SP RIVER VIEW BUILDING, TADEPALLI, AMARAVATI, REP. BY ITS MANAGING DIRECTOR. 5. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT, BHIMAVARAM. 6. THE DISTRICT PANCHAYAT OFFICER, WEST GODAVARI DISTRICT, BHIMAVARAM. Page 2 of 6 7. THE PROJECT DIRECTOR, A.P. STATE HOUSING CORPORATION LTD, WEST GODAVARI DISTRICT, BHIMAVARAM. 8. THE DISTRICT HEADHOUSING, WEST GODAVARI DISTRICT, BHIMAVARAM. 9. THE EXECUTIVE ENGINEER, A.P. STATE HOUSING CORPORATION LTD, WEST GODAVARI DISTRICT, BHIMAVARAM. 10. THE DIVISION HEAD HOUSING DEPUTY EXECUTIVE ENGINEER, HOUSING, NARASAPURAMDIVISION, NARASAPURAM, WEST GODAVARI DISTRICT 11. THE PROJECT DIRECTOR, DISTRICT WATER MANAGEMENT AGENCY/ ADDITIONAL DISTRICT PROGRAIM COORDINATOR, MGNREGS, WEST GODAVARI DISTRICT, BHIMAVARAM. 12. THE ADDITIONAL PROGRAM OFFICER MGNREGS, BHIMAVARAM MANDAL, WEST GODAVARI DISTRICT. 13. THE MANDAL PARISHAD DEVELOPMENT OFFICER, MPDO, NARASAPURAM MANDAL, WEST GODAVARI DISTRICT. 14. THE EXTENSION OFFICER PR AND RD, NARASAPURAM MANDAL, WEST GODAVARI DISTRICT. 15. THE BIYYAPUTIPPA GRAM PANCHAYAT, REP. BY ITS SPECIAL OFFICER- CUM-EXTENSION OFFICER, UNDER MAHATMA GANDHI NATIONAJ RURAL EMPLOYMENT GUARANTEE (MGNREG) SCHEME, NARASAPURAMMANDAL, WEST GODAVARI DISTRICT. 16. THE LAKSHMANESWARAM GRAM PANCHAYAT, REP. BY ITS SPECIAL OFFICER- CUM-EXTENSION OFFICER, UNDER MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE (MGNREG) SCHEME, NARASAPURAMMANDAL,WEST GODAVARI DISTRICT. 17. THE PEDALANKA GRAM PANCHAYAT, REP. BY ITS SPECIAL OFFICER- CUM-EXTENSION OFFICER, UNDER MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE (MGNREG) SCHEME, NARASAPURAIMMANDAL, WEST GODAVARI DISTRICT. 18. THE VEMULADEEVI EAST GRAM PANCHAYAT, , REP. BY ITS SPECIAL OFFICER- CUM-EXTENSION OFFICER, UNDER MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE (MGNREG) SCHEME, NARASAPURAMMANDAL, WEST GODAVARI DISTRICT. p. 3 ...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 or any other appropriate writ or direction declaring the action of the respondents in in withholding the payment of contract works vide i) Layout ID No. 058601LA112095 in respect of work ID No. 050594528017170075 for withheld an amount of Rs. 1,10,150/-, ii) Layout ID No. 058601LA112059 in respect of Work ID No. 050594516014170864 for withheld amount of Rs. 2,08,036/-, iii) Layout ID No. 058601 LAI 12088 in respect of work ID No. 050594516014170865 for withheld amount of Rs. 74,708/-, iv) Layout ID No. 058601LA112065 in respect of work ID.No. 050594517014170297 for withheld amount of Rs. 19,772/-, v) Layout ID.No.058601LAl 12103 in respect of work ID.No. 050594517014170298 for withheld amount of Rs. 27,888/-, vi) Layout ID No. 05860 1LA1 12107 in respect of work ID No. 050594524017170125 for an amount of Rs. 9,17,762/- and withheld amount of Rs. 1,13,549/-, vii) Layout ID No. 05860ILAl 12065 in respect of work ID No.050594517014170297 for an amount of Rs. 1,14,439/-, viii) Layout ID No. 05860ILAl 12103 in respect of work ID No. 050594517014170298 for an amount of Rs. 58,327/- totaling an amount of Rs. 16,44,631/- respectively, for material supplied by the Petitioner and also works executed by the Petitioner for Development of Housing Colony in Biyyaputippa, Laksmaneswaram, Pedalanka and Vemuladeevi East Villages of Narasapuram Mandal, West Godavari District as illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and contrary to the Rules and Regulations of the National Rural Employment Guarantee Act and consequently direct the respondents to comply with the above mentioned FTRs and pass IA 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 may be pleased to direct the respondents 1 to 3 to release the funds through a proper channel into the account of respondent Nos. 15 to 18 or any other concerned forthwith, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. RAMBABU KOPPINEEDI p. 4 Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. E V JAGANNADHA RAO (SC FOR AP STATE HOUSEING COOP LTD) 3. 4. GP FOR FINANCE PLANNING 5. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra 6. MALLIKHARJUNA MOORTHY K (SC FOR A.P HOUSING CORPORATION LIMITED) The Court made the following: ::ORDER :: The above writ petition was filed to declare the action of the respondents in not releasing an amount of Rs.16,44,631/- relating to the works executed by the petitioner, as illegal and arbitrary. 2. Heard Sri Rambabu Koppineedi, learned counsel for the petitioner; Sri P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development & Finance and Planning Department, appeared for respondents. 3. Today, when the matter is taken up for consideration, the learned Assistant Government Pleader for Panchayat Raj, submitted the written instructions of the Project Director, DWMA, West Godavari, Bhimavaram – respondent No.11. 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned works. It further indicates that the total value of the work done by the petitioner is Rs.93,12,064/-, and after deductions, i.e. Rs.9,56,912/-, the net amount payable to the petitioner is Rs.83,55,152/-. The instructions further indicates that the amount has already been paid to the petitioner is Rs.64,57,216/- and the balance amount to be paid is p. 5 Rs.10,34,782/-. The written instructions are made as part of the record. Learned counsel for the petitioner endorses the amount payable to the petitioner as mentioned in the written instructions. 5. Thus, as seen from the instructions, there is no dispute regarding the execution of work and the petitioner’s entitlement for Rs.28,53,383/-. Since the amount payable is admitted and undisputed, the writ petition is maintainable. In M/s Utkal Highways Engineers and Contractors v. Chief General Manager & Ors1, it was held at Para No.8 as under: “Be that as it may, the High court has not dealt with the merits of the writ petition. Moreover, it is not an inviolable rule that no money claim can be adjudicated upon in exercise of writ jurisdiction. Non-payment of admitted dues, inter alia, may be considered an arbitrary action on the part of respondents and for claiming the same, a writ petition may lie.Further, throwing a writ petition on ground of availability of alternative remedy after 10 years, particularly, when parties have exchanged their affidavits, is not the correct course unless there are disputed questions of fact which by their very nature cannot be adjudicated upon without recording formal evidence.”. 6. Given the instructions furnished by respondent No.11, the Writ Petition is disposed of, directing the respondents to release an amount of Rs.10,34,782/- payable to the petitioner regarding execution of the aforementioned works, within three (03) months from the date of receipt of the copy of this order. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 23.02.2026 TVN p. 6 1 2025 SCC online SC 1400 305 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 14392 of 2024 Date: 23.02.2026 TVN