APHC010406312024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 20751/2024 Between: 1. DODDI NAGESWARA RAO, S/O. DODDI AADIYYA, AGED ABOUT 53 YEARS, R/O. 1-192, ST COLONY, GANGAMPALEM VILLAGE, GOKAVARAM MANDAL, EAST GODAVARI DISTRICT, A.P. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SPECIAL SECRETARY, A.P. STATE HOUSING DEPARTMENT, PLOT NO 11 AND 12 BEHIND BSNL TELEPHONE EXCHANGE. AUTO NAGAR, VIJAYAWADA, ANDHRA PRADESH. 2. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 3. THE COMMISSIONER OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, STATE OF ANDHRA PRADESH, D. NO. 12-47, PVS ICON, PATHURU CROSS ROAD, TADEPALLI, AMARAVATHI, ANDHRA PRADESH. 4. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, FINANCE DEPARTMENT SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 5. THE DISTRICT COLLECTOR, KAKINADA, EAST GODAVARI DISTRICT. 6. THE PROJECT DIRECTOR, DISTRICT WATER MANAGEMENT AGENCY, YTC BUILDING, NEAR RAJAHMUNDRY RURAL, MRO OFFICE, BOMMURU, EAST GODAVARI DISTRICT. 7. THE ADDITIONAL PROGRAMME OFFICER, MGNREGS, p. 2 GOKAVARAM MANDAL EAST GODAVARI DISTRICT. 8. THE MANDAL PARISHAD DEVELOPMENT OFFICER, MGNREGS A.P.E.G.DT GOKAVARAM MANDAL, EAST GODAVARI DISTRICT. 9. A.P.STATE HOUSING CORPORATION LIMITED, REP. BY THE MANAGING DIRECTOR, NIRMAN BHAVAN, PLOT.NO.11 & 12, BACKSIDE OF BSNL EXCHANGE, NEAR APIIC COLONY, AUTONAGAR, VIJAYAWADA, N.T.R. DISTRICT, A.P. ...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 declaring the inaction on the part of the respondents herein not releasing the total bills amount worth of Rs.1,23,450/-(Rupees One lakh twenty three thousand four hundred and fifty only) with interest @ 12 percent p.a., as per the Judgment of this Hon'ble Court In W.P. No. 19525/2021 (W.P. No. 10038/2021 and Batch) dated 05.10.2021 under grant of MGNREGS to the petitioner till today after execution of one work and causing heavy loss with Interest even though the works were completed within time as Illegal, arbitrary and violative of Article 14, 16 and 21 of the Constitution of India and consequentially direct the Respondents to release and pay the total bills amount worth of Rs.1,23,450/-(Rupees One lakh twenty three thousand four hundred and fifty only) with Interest under grant of MGNREGS forthwith to the petitioner 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 to release and pay the total bills amount worth of Rs.1,23,450/-(Rupees One lakh twenty three thousand four hundred and fifty only) with Interest under grant of MGNREGS forthwith 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 as Respondent No. 9 in the main Writ Petition and pass Counsel for the Petitioner: p. 3 1. SRINIVASA RAO NARRA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE 3. GP FOR FINANCE PLANNING The Court made the following: ::ORDER :: Heard Sri Srinivasa Rao Narra, learned counsel for the petitioner and Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development and Finance and Planning for the respondents. 2. The above writ petition was filed to declare the action of the respondents in not releasing an amount of Rs.1,23,450/- in relation to the work executed by the petitioner i.e., Development of Housing Colony Gangampalem GP of Gokavaram Mandal, as illegal and arbitrary. 3. Today, when the matter is taken up for consideration, the learned Assistant Government Pleader for Panchayat Raj and Rural Development submitted instructions of the Project Director, DWMA, East Godavari District, Rajamahendravaram dated 13.03.2026. 4. As seen from the instructions, the total value of the work done by the petitioner in relation to the aforementioned works is Rs.14,32,713/-. After QC recovery of Rs.55,913/-, the balance amount payable to the petitioner comes to Rs.13,76,800/-. Out of the same, an amount of Rs.13,09,262/- was already paid to the petitioner, and the balance amount payable to the petitioner is Rs.67,538/-. 5. In reply, Sri Srinivasa Rao Narra, learned counsel for the petitioner, endorses that the balance amount payable to the petitioner is Rs.67,538/-. Page 4 of 5 6. Thus, as seen from the instructions and the submission of learned counsel on either side, there is no dispute regarding the balance amount of Rs.67,538/- payable to the petitioner. 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 submission of learned counsel on either, the Writ Petition is disposed of directing the respondents to release the balance amount of Rs.67,538/- (Rupees Sixty Seven Thousand Five Hundred and Thirty Eight 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: 01.04.2026 SNI p. 5 1 2025 SCC online SC 1400 249 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 20751 of 2024 Date: 01.04.2026 SNI