1 APHC010333862025 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: 17914/2025 Between: 1. T NAGA RAGHAVENDRA KUMAR, S/O SAMBASIVA RAO, AGED ABOUT 36 YEARS, OCCU BUSINESS, R/O H NO 10-82, DAKSHINAPU VEEDHI, PEDAPADU, PEDAPADU MANDAL, ELURU DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRI. SECRETARY PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT AT SECRETARIAT, VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT, A.P. 2. THE STATE OF ANDHRA PRADESH, REP BY ITS PRI SECRETARY FINANCE DEPARTMENT AT SECRETARIAT, VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT, A.P. 3. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT TADEPALLI, GUNTUR DISTRICT. 4. THE ADDITIONAL COMMISSIONER, MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE SCHEME, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, 1ST FLOOR, OLD CHARITA SRI HOSPITAL, NAKKAL ROAD, SURYARAOPETA, VIJAYAWADA, KRISHNA DISTRICT 5. THE DISTRICT COLLECTOR, ELURU DISTRICT, AT ELURU. 2 6. THE AP STATE HOUSING CORPORATION LTD, REP BY ITS MANAGING DIRECTOR, NIRMAAN BHAVAN, PLOT NO 11 AND 12, AUTONAGAR, VIJAYAWADA. 7. THE PROJECT DIRECTOR, HOUSING CORPORATION, ELURU DISTRICT AT ELURU. 8. DIVISION HEAD, HOUSING CORPORATION ELURU, ELURU DISTRICT AT ELURU 9. PROJECT DIRECTOR, DISTRICT WATER MANAGEMENT AGENCY (DWMA) ELURU DISTRICT AT ELURU. 10. THE ASST PROJECT DIRECTOR, DWMA, PEDAPDU, PEDAPADU MANDAL ELURU DISTRICT. 11. THE MANDAL DEVELOPMENT OFFICER, PEDAPADU MANDAL, PEDAPADU. ELURU DISTRICT. 12. THE GRAM PANCHAYAT, , PEDAPADU, REP BY ITS SECRETARY, PEDAPADU, PEDAPADU MANDAL, ELURU 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 inaction on the part of the respondents in paying the amount of Rs 6,62,865/- (Six Lakhs Sixty-two thousand eight hundred and sixty-five rupees) to the petitioner in respect of execution of the work under work ID No 050692209009171418 as illegal, arbitrary, and violation of principles of natural justice and violation of Article 14, 19 (1) (g) of Constitution of India and consequently direct the respondents to pay the said amount to the petitioner with interest @ 18 percentage per annum from 02-08-2021 till the date of payment in the interest of justice and pass IA NO: 1 OF 2025 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 pay an amount of Rs 6,62,865/- (Six Lakhs Sixty- two thousand eight hundred and sixty-five rupees) to the petitioner in respect 3 of execution of work under work ID No; 050692209009171418 in the interest of Justice pending disposal of the writ petition and pass Counsel for the Petitioner: 1. CH B R P SEKHAR Counsel for the Respondent(S): 1. KALYAN CHAKRAVARTHY R 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. K MALLIKHARJUNA MOORTHY 4. GP FOR IRRI AND CAD 5. GP FOR FINANCE PLANNING The Court made the following: :: ORDER :: Heard Ch.B.R.P.Sekhar, 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 1 to 5, Sri K.Malikarjuna Moorthy, learned counsel for the respondents 6 to 8, learned Assistant Government Pleader for Irrigation and Command Area Development for the respondents 9 and 10 and Sri Y.Koteswara Rao, learned Standing counsel for the respondents 11 and 12. 2. The above writ petition was filed to declare the action of the respondents in not releasing the amount of Rs.6,62,865/-, payable to the petitioner in relation to the work i.e., Development of Housing Colony sites, Leveling/Roads in Pedapadu Village and Mandal, Eluru District vide Work ID No.050692209009171418. The Quality Control team inspected on 22.02.2025 4 and submitted a report on 22.05.2025. Despite the completion of the work, the amount was not released to the petitioner. 3. Today, when the matter is taken up for consideration, Sri Y.Koteswara Rao, learned Standing counsel, submitted instructions of MPDO/PO MGNREGS, Pedapadu Mandal, Eluru District. 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned work and the net amount payable to the petitioner after statutory deductions is Rs.5,09,862.30/-. 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 work and the petitioner’s entitlement for Rs.5,09,862.30/-. 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 1 2025 SCC online SC 1400 5 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 MPDO/PO MGNREGS, Pedapadu Mandal, Eluru District, the Writ Petition is disposed of directing the respondents to release an amount of Rs.5,09,862.30/- payable to the petitioner regarding execution of the aforementioned work, 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 SNI 6 246 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17914 OF 2025 Date: 23.02.2026 SNI