APHC010291902023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 15019/2023 Between: 1. BALAM KRISHNA GANI RAJU, S/O. LATE SATYANARAYANA MURTHY, AGED 60 YEARS, OCC.. CONTRACTOR, R/O. H.NO .3- 163/1, MADHAVARAM, TADEPALLIGUDEM MANDAL, WEST GODAVARI DISTRICT. ...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, DEPARTMENT OF FINANCE AND PLANNING, SECRETARIAT, VELAGAPUDI, AMARAVATHI. 3. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, NH -16, TADEPALLI, GUNTUR DISTRICT. 4. THE EXECUTIVE ENGINEER, PRI DIVISION, ELURU, WEST GODAVARI DISTRICT. 5. THE MANDAL EXECUTIVE OFFICER, MPP, TADEPALLIGUDEM. 6. THE MODUGAGUNTA GRAMA PANCHAYATI, REP. BY ITS SECRETARY, MODUGAGUNTA, TADEPALLIGUDEM, WEST 2 GODAVARI DIST. ...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 or order or a direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents in not releasing SA (Social Audit) withheld amounts of Rs.2,50,385/- which was deducted by the respondents at the time of releasing of bill payments in their respective bills of 14 works Covered by MGNREGS Grant executed by the petitioner for construction of building works, CC Roads/side drains and various works in Modugagunta, Upparapalem and Venkatarao Palem Villages in Tadepalligudem Mandal, West Godavari District, vide its work ID Nos. 1). 057041815008080022, SA (Social Audit) amount of Rs.35,030 2). 057041815008080023, SA (Social Audit) amount of Rs.23,564/- 3). 057041815008080024, SA (Social Audit) amount of Rs.8,346/- 4). 057041815008080025, SA (Social Audit) amount of Rs.16,997/- 5) 057041815008080026, SA (Social Audit) amount of Rs.4,777/- 6) 057041815008080027, SA (Social Audit) amount of Rs.8,708/- 7) 057041815008080036,SA (Social Audit) amount of Rs.17,510/ 8) 057041817009080009, SA (Social Audit) amount of Rs.13,204/- 9) 057041817009080010, SA (Social Audit) amount of Rs.14,680/- 10) 057041817009080011, SA (Social Audit) amount of Rs.16,933/- 11)057041813008080004, SA (Social Audit) amount of Rs.30,774/-12) 057041813008080005,SA (Social Audit) amount of Rs.10,479/-13) 057041813008080006, SA (Social Audit) amount of Rs.11,682/- and 13) 057041813008080009, SA (Social Audit) amount of Rs.37,701/- respectively, which is illegal, irregular, arbitrary and violative of Article 14, 21 and 300-A of the Constitution of India and also violative of the principles of natural justice and contrary to the Panchayati Raj Act rules framed there under, consequently direct the respondents to pay an amount of Rs.2,50,385 to the petitioner with the interest of 18 percentage immediately and pass IA NO: 1 OF 2023 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 to release the withheld amounts of Rs.2,50,385/- immediately, which was deducted by the respondent authorities in their respective bills of 14 works at the time of release of bills payment as QC and SA (social audit) payments Covered by MGNREGS Grant executed by the 3 petitioner for construction CC Roads/side drains and various construction of building works in Modugagunta, Upparapalem and Venkatraopalem Villages, Tadepalligudem Mandal, West Godavari District, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. SIVA SANKARA RAO BORRA Counsel for the Respondent(S): 1. GP FOR FINANCE PLANNING 2. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra 3. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: ::ORDER:: Heard Sri Borra Siva Sankar Rao, learned counsel for the petitioner, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development, Finance and Planning, appeared for the respondents. 2. The above writ petition was filed to declare the action of the respondents in not releasing the amount of Rs.2,50,385/-, payable to the petitioner in relation to the fourteen works covered by MGNREGS Grant for construction of building works, CC Roads/side drains and various works in Modugagunta, Upparapalem and Vekatraopalem Villages of Tadepalligudem Mandal, West Godavari District, as illegal and arbitrary. 3. Today, when the matter is taken up for consideration, Sri P.Rajesh Kumar, learned Assistant Government Pleader, submitted instructions of the 4 Executive Engineer, PR PIU Division, Bhimavaram dated 29.12.2025. Wherein, it is stated as follows: “An amount of Rs.1,79,912/- has to be released to the petitioner towards withheld amounts of Social Audit. Submitted that, there is no delay of submission of bill by this office to finalaise the amount to the petitioner. The work IDs are closed in MCC portal, whenever the government permits to upload the bill in MCC portal, the above withheld amounts will be paid to the petitioner.” 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned works and the net amount payable to the petitioner after statutory deductions is Rs.1,79,912/-. The written instructions are made as part of the record. 5. Learned counsel for the petitioner endorses the same. 6. Thus, as seen from the instructions there is no dispute regarding the execution of works and the petitioner’s entitlement for Rs.1,79,912/-. 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 1 2025 SCC online SC 1400 5 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.” 7. Given the instructions furnished by the Executive Engineer, PR PIU Division, Bhimavaram, the Writ Petition is disposed of directing the respondents to release an amount of Rs.1,79,912/- (Rupees One Lakh Seventy Nine Thousand Nine Hundred and Twelve only) payable to the petitioner regarding execution of the aforementioned work, within two (02) 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: 04.02.2026 SNI 6 270 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 15019 OF 2023 Date: 04.02.2026 SNI