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2026 DAILYLAW 23033 (AP)

PINNAMREDDI NAGA RAVINDRA BABU v. THE STATE OF AP

WP/20123/2024 · 2026-03-01

Subba Reddy Satti

body2026

Judgment text

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APHC010393802024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY,THE SECOND DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 20123/2024 Between: 1. PINNAMREDDI NAGA RAVINDRA BABU, S/O. PULLAIAH AGED ABOUT 50 YEARS, R/O. KONTHERU VILLAGE, YELAMANCHILI MANDAL, WEST GODAVARI DISTRICT, A.P. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI GUNTUR DISTRICT, A.P. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, A.P. 3. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, GENERAL ADMINISTRATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, A.P. 4. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT, TADEPALLI, GUNTUR DISTRICT, A.P 5. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT, BHIMAVARAM, A.P 6. THE ANDHRA PRADESH STATE HOUSING CORPORATION, REP. BY ITS MANAGING DIRECTOR, VIJAYAWADA, KRISHNA DISTRICT, A.P. 7. THE PROJECT DIRECTOR, HOUSING DEPARTMENT, WEST GODAVARI DISTRICT, BHIMAVARAM, A.P. 8. THE MANDAL PARISHAD DEVELOPMENT OFFICER, MANDAL PRAJA PARISHAD, YELAMANCHILI, WEST GODAVARI DISTRICT, A.P. 9. THE KONTHERU GRAMA PANCHAYATH, REP. BY ITS SECRETARY, YELAMANCHILI MANDAL, WEST GODAVARI DISTRICT, A.P. 10. THE PROJECT DIRECTOR, DISTRICT WATER MANAGEMENT AGENCY(DWMA), WEST GODAVARI DISTRICT AT BHIMAVARAM 534 201. R10 IS IMPLEADED AS PER THE COURT'S ORDER DT.16.02.2026 IN I.A.NO.01OF 2026. ...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 tomay be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus to declaring inaction on the part of the respondents herein not releasing the admitted bill amounts total worth of Rs. 85,62,579/- under grant of MGNREGS (Mahatma Gandhi National Rural Employment Guarantee Scheme, A.P) to the petitioner till today after completion of execution of works for Housing Colony at Kontheru Village, Yelamanchili Mandal, West Godavari District under Pedalandariki lllu Programme as illegal, arbitrary, unreasonable and violative of Articles 14, 16 and 21 of Constitution of India and consequently direct the respondents herein forthwith to release and pay the admitted bill amount of Rs.85,62,579/- along with interest @ 24percent p.a. to thepetitioner 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 may be pleased to direct the respondents herein forthwith to release and pay the admitted bill amount of Rs.85,62,579/- along with interest @ 24% p.a. to the petitioner pending disposal of the above Writ Petition 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 May be pleased to Implead the Proposed Respondent No. 10 as Respondent No. 10 in WP.No.20123 of 2024 as well as in the Interlocutory Applications and pass Counsel for the Petitioner: 1. P L NARASIMHA RAO Counsel for the Respondent(S): 1. KALYAN CHAKRAVARTHY R 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. K MALLIKHARJUNA MOORTHY 4. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra 5. GP FOR GENERAL ADMINISTRATION 6. GP FOR FINANCE PLANNING The Court made the following: ::ORDER :: Heard Sri P.L. Narasimha Rao, learned counsel for the petitioner; Sri P. Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development & Finance and Planning Department, for respondents 1, 2 and 4; learned Assistant Government Pleader for Gernal Administration for respondent No.3; Ms. P. Usha, learned Assistant Government Pleader for Revenue, for respondent No.5; learned standing counsels for respondents 6 to 10. 2. The above writ petition was filed to declare the action of the respondents in withholding an amount of Rs.85,62,579/-, payable to the petitioner in relation to the works executed by the petitioner vide work I.D.Nos.050594421009170297, 050594421009170299, 050594421009170- 303, 050594421009170304, 050594421009170305, 050594421009170307, 050594421009170308, as illegal and arbitrary. 3. Today, when the matter is taken up for consideration, learned Assistant Government Pleader for Panchayat Raj, submitted the written instructions of the District Collector and District Programme Co-Ordinator, DWMA, West Godavari District, Bhimavaram. 4. A perusal of the said instructions would disclose that the petitioner has executed the aforementioned works for a total value of Rs.1,48,00,858/- and the net amount payable to the petitioner after statutory deductions is Rs.1,33,45,669/-, out of which an amount of Rs.55,55,695/- was paid and the balance amount payable to the petitioner is Rs.62,34,136/-. 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 balance amount of Rs.62,34,136/-. 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.” 7. Given the instructions furnished by the District Collector and District Programme Co-Ordinator, DWMA, West Godavari District, Bhimavaram, the Writ Petition is disposed of directing the respondents to release an amount of Rs.62,34,136/- (Rupees Sixty Two Lakhs Thirty Four Thousand One Hundred and Thirty Six only) payable to the petitioner regarding execution of the aforementioned works, within four (04) 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: 02.03.2026 IKN 1 2025 SCC online SC 1400 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 20123 OF 2024 Date: 02.03.2026 IKN